TAHSEEM KHAN @ TAUSEEM v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/2187/2025 · 2025-04-07
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 127362 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 127362 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:19380 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2187 of 2025 Applicant :- Tahseem Khan @ Tauseem Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Sushant Singh Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Supplementary affidavit filed today is taken on record.
2. Heard learned counsel for the applicant, learned AGA for the State-respondents and perused the record.
3. This application under Section 482 Cr.P.C. has been filed with the following main reliefs:
"(I) It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to quash the order dated 22/01/2025 passed by the Additional Sessions Judge /Special Judge E.C.Act in relation to Case Crime No- 0122/2018, Under Section 323,504,506,327,325,307 IPC, Police Station- Kotwali Nagar, District- Sultanpur, in ST No 59/2019, "State Vs Tahseem Khan " pending before the Additional District Judge/ Special Judge E.C Act Court No-4 Sultanpur. (II) It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to quash the entire proceeding of S.T No 59/2019, "State Vs Tahseem Khan"in relation to crime no 0122 of 2018 Under- Section- 323,504,506,327,325,307 IPC, Police Station- Kotwali Nagar, District- Sultanpur which is pending in the court of Additional District Judge/ Special Judge E.C Act Court No-4 Sultanpur."
4. Learned AGA has raised a preliminary objection regarding the maintainability of the present application as the applicant has a statutory alternative remedy to file a revision under Section 397(2) read with Section 401 Cr.P.C.
5. After arguing at some length, learned counsel for the applicant has submitted that he may be permitted to withdraw the present application as dismissed as not pressed with liberty to file a revision under Section 397(2) read with Section 401 Cr.P.C.
6. In view of above, the present application is dismissed as not pressed with liberty to the applicant to avail remedy as may be permissible under law.
7. Certified copy of the FIR be returned to the applicant as per rule after retaining a photo-state copy of the same on record. Order Date :- 7.4.2025 AKK Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench