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2025 DAILYLAW 128793 (ALL)

MAHENDRA TIWARI v. STATE OF U.P. THRU. SECY. HOME DEPTT. U.P. LKO. AND ANOTHER

A482/2382/2025 · 2025-04-09

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19989 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2382 of 2025 Applicant :- Mahendra Tiwari Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. U.P. Lko. And Another Counsel for Applicant :- Jay Prakash Singh Vats,Ajay Kumar Soni 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 order dated 30.11.2024, which has rejected the discharge application by District Session Judge / EC Act, Court No.4, District -Sultanpur, S.T. No.733 / 2024, State Versus Mehendra Tiwari in Case Crime No.0973, U/s 370, 411, 413, 465, 468, 471 I.P.C., P.S. Kotwali Nagar, District Sultanpur as a contained Annexure No.1 to the petitin, 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. 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 :- 9.4.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench