SHABIR @ SABIR AND 3 OTHERS v. STATE OF U.P. THRU. THE PRIN. SECY. HOME AND ANOTHER
A482/2334/2025 · 2025-04-09
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 128653 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 128653 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:19986 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2334 of 2025 Applicant :- Shabir @ Sabir And 3 Others Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home And Another Counsel for Applicant :- Sunil Kumar Bajpai 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. (now 528 BNSS) has been filed with the following main reliefs:
"1. to order to quash the "Charge Sheet" dated 12-03-2024 under section 323,504,506,302 I.P.C in case crime no. 84/2024 P.S.- Mohammdi, District- Kheri as also the
"Charge" dated 02-01-2025 framed by Learned Additional District & Session Judge, Mohammdi, District- Kheri in pursuance of the aforesaid charge sheet by summoning the
record
from
the
court
below.
2. to order to the Opposite Party No.1 to make a fresh investigation in the matter of case crime no. 84/2024 under section 323,504,506,302 I.P.C. P.S.- Mohammdi, District- Kheri and in the meantime during the pendency of the present petition to order to stay the proceedings of Session Trial No. 141/2024 pending in the court of Learned Additional District & Session Judge, Mohammdi, District- Kheri."
3. Learned AGA has raised a preliminary objection regarding the maintainability of the present application as the applicants have challenged the impugned order dated 2.1.2025 by which learned Trial Court has framed charges against the applicants under Section 323, 504, 506, 302 IPC against which the applicants have a statutory alternative remedy to file a revision under Section 397 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
read with Section 401 Cr.P.C.
5. In view of above, the present application is dismissed as not pressed and it is always open for the applicants to avail the remedy as may be permissible under law for which no separate order is required from this Court.
6. Certified copy of the FIR be returned to the applicants as per rule after retaining a photo-state copy of the same on record. Order Date :- 9.4.2025 AKK Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench