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2025 DAILYLAW 130581 (ALL)

BHOOPENDRA KUMAR @ DHARMENDRA KUMAR v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME AND ANOTHER

A482/2693/2025 · 2025-04-24

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:23365 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2693 of 2025 Applicant :- Bhoopendra Kumar @ Dharmendra Kumar Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home And Another Counsel for Applicant :- Pankaj Shukla Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. The instant application under Section 482 Cr.P.C. read with Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed by the applicant with the following prayer:- "For the facts, reasons and circumstances stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the impugned order dated 27.01.2025 passed by Second Additional Sessions Judge, Raibareli, in S.T. No. 1463 of 2022, on crime No. 96/02, Police Station Bachchrawan, District Raibareli, State of U.P. versus Bhupendra Kumar, contained as Annexure No. 1, to this application/petition and may further discharge the accused/applicant to secure the ends of justice." Learned AGA has raised a preliminary objection regarding the maintainability of the present application as the applicant has a statutory alternative remedy to file a revision under Section 397 Cr.P.C./438 B.N.S.S. & Section 401 Cr.P.C./360 B.N.S.S. After arguing at some length, learned counsel for the applicant has submitted that the applicant 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 :- 24.4.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench