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2025 DAILYLAW 122541 (ALL)

WANISH KHAN AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME U.P. LKO. AND 2 OTHERS

A482/1231/2025 · 2025-05-14

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:28303 Court No. - 14 Case :- APPLICATION U/S 482 No. - 1231 of 2025 Applicant :- Wanish Khan And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And 2 Others Counsel for Applicant :- Sheikh Mohammad Ali Counsel for Opposite Party :- G.A.,Satendra Kumar (Singh) Hon'ble Manish Kumar,J. Heard. At the very outset, learned AGA as well as learned counsel for the respondent no. 3 has raised a preliminary objection regarding maintainability of the present case as the applicant has a remedy to file a criminal writ under Article 226 of the Constitution of India for quashing of the FIR in place of filing the same under Section 482 Cr.P.C. In view of the aforesaid, the present case is hereby dismissed as not maintainable as the applicant has a remedy to file a criminal writ under Article 226 of the Constitution of India for quashing of FIR. Order Date :- 14.5.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench