SMT. CHAMELA DEVI @ CHMALA DEVI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS
NA528/190/2025 · 2025-04-09
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 127445 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 127445 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:19858 Court No. - 14 Case :- APPLICATION U/S 528 BNSS No. - 190 of 2025 Applicant :- Smt. Chamela Devi @ Chmala Devi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Chhote Lal Yadav,Ajay Yadav Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. The present application under Section 482Cr.P.C/528 B.N.S.S has been preferred with a prayer to to quash/set- aside the impugned order dated 21.1.2025 passed by learned Special Judge SC/ST Act, Faizabad/Ayodhya, in Criminal Misc. Case No.223/2024 (Smt Chamela Devi Versus Pradeep Sharma & Others); with a further prayer to direct the learned Special Judge SC/ST Act Ayodhya/Faizabad to dispose of the application under section 173(4) BNSS, 2023 filed by the petitioner afresh by directing to police concern to lodge the first information report against the accused persons i.e. opposite parties No.2 to 4 and investigate into the matter in accordance with law.
2. Learned A.G.A has raised a preliminary objection against the impugned order dated 21.01.2025 rejecting the application of the applicant under Section 173(4) B.N.S.S and has submitted that the applicant has a statutory alternative remedy to file a revision under Section 438 B.N.S.S.
3. After arguing at some length, learned counsel for the applicant has submitted that the applicant may be permitted to withdraw the present application as dismissed as not pressed with liberty file a revision under Section 438 B.N.S.S.
4. As such, the present application is dismissed as not pressed with liberty to avail the remedy as may be permissible under the law.
5. Office is directed to return the original copy of the documents to learned counsel for the applicant after retaining photocopy of the same on record. Order Date :- 9.4.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench