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2025 DAILYLAW 131149 (ALL)

KUSMA DEVI @ VISUNA DEVI @ BHOLI v. STATE OF U.P. THRU. THE PRIN. SECY. HOME AND ANOTHER

A482/2755/2025 · 2025-04-10

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:20181 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2755 of 2025 Applicant :- Kusma Devi @ Visuna Devi @ Bholi Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home And Another Counsel for Applicant :- Aman Kumar Shrivastav Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. The present application under Section 482 Cr.P.C/528 B.N.S.S has been preferred with a prayer to quash/set aside the impugned order dated 18.02.2025, passed by Additional Sessions Juge, Court no. 6 Lakhimpur Kheri in S.T No. 599 of 2009, State versus Monu alias Anil and others, under Section 498A, 304B I.P.C and Section 3/4 D.P. Act, P.S Maigalganj, District Kheri and also allow the application under Section 311 Cr.P.C bearing application no. 123 kha dated 06.02.2025. 2. Learned A.G.A has raised a preliminary objection regarding the maintainability of the present application on the ground that the applicant has a statutory remedy to file a revision under Section 397 read with Section 401 Cr.P.C against the rejection of the application under Section 311 Cr.P.C. 3. 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. 4. As such, the present application is dismissed as not pressed with liberty to avail the remedy as may be permissible under the law. Order Date :- 10.4.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench