Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 127717 (ALL)

AFZAL SHAH AND 2 OTHERS v. STATE OF U.P. THRU. ITS PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER

A482/2208/2025 · 2025-04-07

Manish Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:19337 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2208 of 2025 Applicant :- Afzal Shah And 2 Others Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Rahul Mishra,Abhinav Srivastava,Ankit Gaur Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Heard learned counsel for the applicants, learned AGA for the State-respondents and perused the record. 2. This application under Section 482 Cr.P.C. has been filed with the following main reliefs: "For the facts, reasons and circumstances stated in the accompanying affidavit that this Hon'ble Court may graciously be pleased to set aside the impugned summoning order dated 15.10.2024 including impugned Charge dated 02.07.2024 arising out of F.I.R No. 0180 of 2024 under section 323, 504, 506 I.P.C, Police Station- Kurwar, District- Sultanpur. It is further prayed, that this Hon'ble court may also kindly be pleased to stay the further proceeding of (State vs. Afzal Shah and others) arising out of impugned Charge Sheet 02.07.2024 to secure the ends of justice during the pendency of the petition. It is also prayed that this Hon'ble court may kindly be pleased to set aside impugned order dated 13.02.2025 passed by Additional Chief 3 Judicial Magistrate Room No. 21, Sultanpur in (State vs. Afzal Shah and others) in the interest of justice." 3. Learned AGA has raised a preliminary objection regarding the maintainability of the present application as the applicants have a statutory alternative remedy to file a revision under Section 397(2) read with Section 401 Cr.P.C. 4. After arguing at some length, learned counsel for the applicants 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. 5. In view of above, the present application is dismissed as not pressed with liberty to the applicants to avail remedy as may be permissible under law. Order Date :- 7.4.2025 AKK Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench