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2025 DAILYLAW 127455 (ALL)

PAPPI YADAV @ PAPPI KUMARI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO.

A482/2427/2025 · 2025-04-11

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:20654 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2427 of 2025 Applicant :- Pappi Yadav @ Pappi Kumari Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. Counsel for Applicant :- Abhishek Vishwakarma,Vijay Lakshmi Singh 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: "to quash the impugned Charge-Sheet dated 21.12.2023 and the Summoning Order dated 12.04.2024 and rejection of discharge application order dated 26.09.2024 issued by the learned Court of Additional Chief Judicial Magistrate-VIIth, Lucknow as contained in ANNEXURE NOS. 2 & 3 respectively to this accompanying affidavit. It is further prayed that this Hon'ble Court may kindly be pleased to stay the entire proceedings of the Criminal Case No. 447/23 arisen out of First Information Report No.0447/ 2023 lodged by the complainant at Police Station- Gudamba, Lucknow against the applicant U/S 147, 148, 149, 323, 325, 504 & 506 of I.P.C. 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 and Section 401/360 BNSS. 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 :- 11.4.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench