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2025 DAILYLAW 11320 (ALL)

RAM HAJUR v. STATE OF U.P. AND 4 OTHERS

CRLP/1843/2025 · 2025-03-03

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:30401-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 1843 of 2025 Petitioner :- Ram Hajur Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Dharmendra Kumar Shukla Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard Shri Dharmendra Kumar Shukla, learned counsel for the petitioner and Shri Paritosh Malviya, learned AGA-1 for State respondents. 2. In pith and substance, the petitioner has invoked the writ jurisdiction for effective compliance of the order dated 21.10.2024 passed by the Sub Divisional Magistrate, Dhanghata, Distt. Sant Kabir Nagar in Case No.T202017650102819 under Section 133 CrPC (State v. Ram Hajur & Ors.). 3. The relief has been resisted by learned AGA-1 on the ground that the order dated 21.10.2024 has attained finality. In case still the grievance of the petitioner has not been redressed, the efficacious remedy is to press the application under Section 143 CrPC. He states that once efficacious remedy is available to the petitioner, there is no reason or occasion to byepass the statutory forum and as such the writ petition is liable to be dismissed. 4. Confronted with this situation, learned counsel for the petitioner states that he is not inclined to press the writ petition. However, leave may be accorded to the petitioner to avail the appropriate remedy provided under CrPC/ BNSS. 5. In view of above, the writ petition is dismissed as not pressed with leave as aforesaid. (Prashant Kumar,J.) (Mahesh Chandra Tripathi,J.) Order Date :- 4.3.2025 SP/ Digitally signed by :- SURYA PRAKASH High Court of Judicature at Allahabad