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2025 DAILYLAW 130734 (ALL)

SATISH KUMAR MISHRA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND 2 OTHERS

A227/1741/2025 · 2025-04-03

Rajnish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:18634 Court No. - 11 Case :- MATTERS UNDER ARTICLE 227 No. - 1741 of 2025 Petitioner :- Satish Kumar Mishra Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 2 Others Counsel for Petitioner :- Ram Milan Yadav,Om Prakash Yadav Counsel for Respondent :- G.A.,Sudhir Kumar Rai Hon'ble Rajnish Kumar,J. This Court had passed the following order on 01.04.2025:- "Shri Sudhir Kumar Rai, Advocate files his Power on behalf of respondents no.2 and 3, which is taken on record. Learned A.G.A. raised an objection that the petition under Article 227 of the Constitution of India is not maintainable as the petitioner has a statutory remedy under Section 528 of the Bhartiya Nagrik Suraksha Sanhita 2023, learned counsel for the petitioner Shri R.M.Yadav, seeks time to argue on maintainability of the petition. As prayed list on 03.04.2025, as fresh, showing the name of Shri Sudhir Kumar Rai as counsel for the respondents no.2 and 3." Shri Ram Milan Yadav, learned counsel for the petitioner submits that this petition may be dismissed as not pressed with liberty file a fresh petition under the appropriate provisions. To which there is no objection by learned AGA and Shri Shivam, Advocate holding brief of Sri Sudhir Kumar Rai, learned counsel for the respondent no. 2. Dismissed as not pressed with liberty as aforesaid. As prayed by learned counsel for the petitioner, office is directed to return the certified copy/copies annexed with this petition to learned counsel for the petitioner after keeping the photocopy/photocopies of the same on record in accordance with law. Order Date :- 3.4.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench