DEEPAK KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME AND 3 OTHERS
A482/2740/2025 · 2025-04-15
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 131036 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 131036 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:20904 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2740 of 2025 Applicant :- Deepak Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And 3 Others Counsel for Applicant :- Abhishek Awasthi,Suyash Bajpai 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 to set aside the order dated 16.01.2025 passed by the opposite party no. 2 and to allow the petitioner to use the construction material kept in his property situated at plot no. 7, Khasra No. 1331/4 Sa Min, situated at Village- Sarosa Bharosa, Pargana Kakori, Tehsil Sarojini Nagar, Lucknow. 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 :- 15.4.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench