PIYUSH GUPTA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND ANOTHER
A482/1737/2025 · 2025-03-20
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 125440 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 125440 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:16160 Court No. - 14 Case :- APPLICATION U/S 482 No. - 1737 of 2025 Applicant :- Piyush Gupta Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Uma Kant Mishra,Ashish Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. The present application under Section 482 Cr.P.C./ 528 BNSS has been preferred with the following prayer:
"this Hon'ble court may graciously be pleased to quash the impugned order dated 20.01.2025 passed by Additional Session Judge-8, Lucknow in Session Trial No.2827 of 2023, arising out of Case Crime No.520/2022, Under Section 377, 504, 506 I.P.C., police station Gudamba, District - Lucknow in the interest of justice. It is further prayed that this Hon'ble Court may kindly be pleased to discharge the petitioner from Session Trial No.2827 of 2023, 'State vs. Piyush Gupta, arising out of Case Crime No.520/2022, Under Section 377, 504, 506 I.P.C. at Police Station - Gudamba, District Lucknow, pending in the Court of Additional Session Judge -8, Lucknow in the interest of justice." Learned A.G.A. has raised a preliminary objection regarding maintainability of the present application as the applicant has statutory alternative remedy for filing revision under Section 397 Cr.P.C./ 438 BNSS. It is further submitted that there is a statement of the prosecutrix under Section 161/ 164 Cr.P.C. against the applicant which supports the prosecution case and makes out the offence against the applicant. At this stage, learned counsel for the applicant has submitted that the applicant wants to withdraw the present application as dismissed as not pressed with liberty to file a revision. As prayed, the application under Section 482 Cr.P.C./ 528 BNSS is dismissed as not pressed with liberty to file a revision or to take a remedy as may be permissible under the law.
Office is directed to return the certified copy of the order to the applicant after retaining the photocopy of the same on record. Order Date :- 20.3.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench