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2025 DAILYLAW 121658 (ALL)

SHAILENDRA SHUKLA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/1162/2025 · 2025-04-02

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:18403 Court No. - 14 Case :- APPLICATION U/S 482 No. - 1162 of 2025 Applicant :- Shailendra Shukla And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- O.P. Tiwari,Ashish Shukla Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Heard learned counsel for the applicants, learned counsel for the respondent no. 2, learned AGA for the State-respondents and perused the record. 2. This application under Section 482 Cr.P.C. has been filed with the following main reliefs: "Wherein it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the impugned order dated 18.12.2024 passed by Learned Session Court, District-Unnao, in Session Trail No. (S.T. No.) 416 of 2023; Case Crime No/ F.I.R. no.0108 Of 2022; State Versus Shailendra Shukla and Another, Under Section 306, 506 I.P.C., Police Station- Gangaghat, District- Unnao and also prayed for quashing of entire proceeding arising of the aforesaid Session Trial No. (S.T. No.) 416 of 2023; Case Crime No/ F.I.R. no.0108 Of 2022; State Versus Shailendra Shukla and Another, Under Section 306, 506 I.P.C., Police Station- Gangaghat, District- Unnao against the Applicants contained as Annexure No. 1 to this Petition, in the interest of law and Justice." 3. Sri Abhinit Jaiswaal, Advocate has filed his Vakalatname on behalf of respondent no. 2 and raised a preliminary objection regarding the maintainability of the present application as the applicants have a statutory alternative remedy to file a revision under Section 397(2) read with Section 401 Cr.P.C. 4. After arguing at some length, learned counsel for the applicants has submitted that he may be permitted to withdraw the present application as dismissed as not pressed with liberty to file a revision. 5. In view of above, the present application is dismissed as not pressed with liberty to the applicants to avail remedy as may be permissible under law. Order Date :- 2.4.2025 AKK Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench