Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:37610 Court No. - 13 Case :- CRIMINAL MISC. WRIT PETITION No. - 1000428 of 2012 Petitioner :- Harish Chandra Nigam Respondent :- State of U.P. and Another Counsel for Petitioner :- S.N. Srivastava,Mohd. Babar Khan Counsel for Respondent :- G.A. Hon'ble Saurabh Lavania,J.
Order on C.M. Application Nos. IA/4/2025 and IA/5/2025 (Applications for Condonation of Delay and Recall). Heard on the applications under consideration. In view of the facts stated in the affidavits filed in support of the applications under consideration, the same are allowed. The order dated 09.12.2024, dismissing the writ petition for non-prosecution, is hereby recalled. Writ petition is restored to its original number.
Order on memo of petition. Heard. The instant petition has been preferred seeking following main relief(s):-
"i- To issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 25-11-2011 passed by learned Session Judge Unnao in Misc. case no.113/2011 Harish Chandra Nigam versus State of U.P. (Annexure no.1), impugned order dated 24-10-11 passed by Additional Chief Judicial Magistrate Court no.3, Unnao in criminal case no. 86/04 State versus Harish Chandra Nigam (Annexure no.2), impugned order dated 25-4-2001 passed by the learned Chief Judicial Magistrate Unnao in Misc. case no. 447/99 in Criminal case no. 86/04 State versus Harish Chandra Nigam (Annexure no.4). ii- To issue a writ,order or direction in the nature of Mandamus commanding the learned trial court/Additional Chief Judicial Magistrate Court no.3 Unnao not to proceed further against the petitioner in criminal case no. 86/04 case crime no. 452/99 U/S 420,406 I.P.C. Police station Kotwali Unnao State versus Harish Chandra Nigam pending before it." On being confronted after taking note of various aspects of the case, learned counsel for the petitioner says that he may be permitted to withdraw the instant petition with liberty to the petitioner to take recourse to other remedies as permissible under the law including benefit of the pronouncements of the Hon'ble Apex Court rendered in the case of Satender Kumar Antil vs. Central
Bureau of Investigation and another, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 and Musheer Alam vs. State of Uttar Pradesh and Another, 2025 SCC OnLine SC 116. The aforesaid has not been opposed. In view of above, the instant petition is dismissed as withdrawn with liberty, as prayed for.
Order Date :- 3.7.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench