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2025 DAILYLAW 130375 (ALL)

SATYAM TIWARI v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 3 OTHERS

A482/2664/2025 · 2025-04-08

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19672 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2664 of 2025 Applicant :- Satyam Tiwari Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Applicant :- Dhirendra Pratap Singh,Prashant Shanker,Shivam Dubey Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. The present application under Section 482 Cr.P.C./ 528 BNSS has been preferred with the following prayer: "A. Quash the impugned order dated 13.02.2025 passed by Special Judge POCSO Act / ADJ, Room No. 12, District- Sultanpur in Session Trial No. 979/2021 (State V Satyam CATH CON Tiwari), arising out of Case Crime No. 328/2020 under Sections 363, 366 I.P.C. & 16/17 POCSO Act regarding recall/summoning of The Principal, Dayanand Shishu Gyan Niketan Primary School, Vindeshwariganj, Bahuranwa, Sultanpur with the Admission Register to verify the entries regarding the Victim's admission to Class 5 annexed to this Application as ANNEXURE No. 02. B. Stay the proceeding in Session Trial No. 979/2021 (State Vs Satyam Tiwari), arising out of Case Crime No. 328/2020 under Sections 363, 366 I.P.C. & 16/17 POCSO Act pending in the Court of Special Judge POCSO Act /ADJ, Room No. 12, District-Sultanpur during pendency of this Application in this Hon'ble Court." 2. 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. 3. 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. 4. 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. 5. 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 :- 8.4.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench