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2025 DAILYLAW 125119 (ALL)

RAJESH KUMAR UPADHYAY v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

NA528/144/2025 · 2025-03-12

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Judgment text

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Neutral Citation No. - 2025:AHC-LKO:15040 Court No. - 12 Case :- APPLICATION U/S 528 BNSS No. - 144 of 2025 Applicant :- Rajesh Kumar Upadhyay Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Manoj Kumar Shukla,Purusharth Prem Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Vakalatnama of Sri Vishnu Dev Shukla, Advocate filed on behalf of the informant is taken on record. Heard learned counsel for the applicant, learned AGA for the State and Sri Anil Kumar Pandey, Advocate holding brief of Sri Vishnu Dev Shukla, Advocate, learned counsel for the informant. On being confronted, after taking note of the provisions as envisaged under Section(s) 179 to 181 of Cr.P.C. (now repealed) akin Sections 199 to 201 of BNSS, 2023 as also the various pronouncements on the issue pertaining to the territorial jurisdiction of the Court concerned including the judgment passed by the Hon'ble Supreme Court in the case of Rajiv Modi Vs. Sanjay Jain, 2009 AIR SC 2044, learned counsel for the applicant prays that he may be permitted to withdraw the instant application with liberty to the applicant to avail the remedy, as per law. The prayer sought has not been opposed by learned counsels for side-opposite. In view of the above, the instant application is rejected as not pressed with the aforesaid liberty. Order Date :- 12.3.2025 Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench