Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 129026 (ALL)

SANJAY KUMAR CHAURASIA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/2468/2025 · 2025-04-16

Manish Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:21295 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2468 of 2025 Applicant :- Sanjay Kumar Chaurasia And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Jayshanker Shukla,Iqbal Ali Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. Heard. Present case has been filed under Section 482 Cr.P.C./528 B.N.S.S. with following main prayer:- "WHEREFORE, it is most humbly prayed that this Hon'ble Court may kindly be pleased to quash the impugned Charge Sheet (Police Report) bearing No. 01 of 2023, dated 29.06.2023, vide Case Crime No. 185 of 2023, under Section - 323, 308 I.P.С., Police Station - Lambhua, District - Sultanpur and order of cognizance and summoning order dated 22.08.2023, passed by learned Chief Judicial Magistrate, Sultanpur in Criminal Case No. 7997 of 2023 (Now Sessions Trial No. 1000 of 2024) "State Versus Ram Pyare and others" as well as order dated 03.02.2025, passed by learned Additional District and Sessions Judge / Special Judge (E.C. Act), Court No. 4, Sultanpur in Sessions Trial No. 1000 of 2024 (State Versus Ram Pyare Chaurasia and others) and further proceedings of the case in pursuance thereof, pending in the court of learned Additional District and Sessions Judge / Special Judge (E.C. Act), Court No. 4, Sultanpur, in the ends of justice." 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 Cr.P.c./438 B.N.S.S. After arguing at some length, learned counsel for the applicants has submitted that the applicants may be permitted to withdraw the present application as dismissed as not pressed with liberty to file a revision. In view of above, the present application is dismissed as not pressed with liberty, as aforesaid. Office is directed to return the certified copy of the relevant documents after retaining photostat copy of the same. Order Date :- 16.4.2025/Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench