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2025 DAILYLAW 128531 (ALL)

NANHE SINGH v. STATE OF U.P. THRU. ITS ADDL. CHIEF SECY. DEPTT. OF HOME AND ANOTHER

A482/2348/2025 · 2025-04-09

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:20003 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2348 of 2025 Applicant :- Nanhe Singh Opposite Party :- State Of U.P. Thru. Its Addl. Chief Secy. Deptt. Of Home And Another Counsel for Applicant :- Rajat Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. Heard Shri Ajay Kumar Dwivedi, Advocate holding brief of Shri Rajat Pratap Singh, learned counsel for the applicant and learned AGA for the State. Present case has been filed under Section 482 Cr.P.C./528 B.N.S.S. with following main prayer:- "For the facts, reasons and circumstances mentioned in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the order dated 29.01.2025 arising out of Case No. 699/2023 registered by the O.P. No.2 against the applicant, under section 128 Cr.PC. P.S.- Bheera, District-Kheri passed by the learned First Additional Principal Judge, Family Court, Lakhimpur Kheri in the interest of justice." At the very outset, learned AGA has raised a preliminary objection regarding maintainability of the present case as the applicant has statutory alternative remedy to file a revision under Section 19 (4) of the Family Court, 1984. At this stage, learned counsel for the applicant has submitted that the present application may be dismissed as not pressed with liberty to file a criminal revision under Section 19 (4) of the Family Court, 1984. As such, the present application is dismissed as not pressed with liberty to the applicant to avail the remedy, as may be permissible under the law. Order Date :- 9.4.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench