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2025 DAILYLAW 131592 (ALL)

DR. ARJUN PASI @ ARJUN PASI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND ANOTHER

A482/2863/2025 · 2025-04-23

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:23107 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2863 of 2025 Applicant :- Dr. Arjun Pasi @ Arjun Pasi Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Rohit Kumar Tripathi,Divya Singh,Pooja Singh,Rama Soni 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: "to quash the Charge sheet no. 01 dated 06/07/2024 filed by the investigating authority, Order of cognizance dated 16/08/2024 taken over the police report by the Learned Additional Session Judge, Court No. 01, District Raebareli against the petitioner as well as entire criminal proceedings of the case crime no. 218/2024, under section- U/S-302/34 LP.C, Police Usha Bharta station- Bhadokhar, District- Raebareli, pending before the court of Learned Additional Session Judge, Court No. 1, District Raebareli. It is further prayed that this Hon'ble court may kindly be pleased to stay the cognizance order dated 16/08/2024 taken over the charge sheet by the learned Chief Judicial Magistrate, District Bahraich against the petitioners as well as entire criminal proceedings of the case crime no. 218/2024, under section- U/S-302/34 IPC, Police station-Bhadokhar, District Raebareli, pending before the court of Learned Additional Session Judge, Court No. 1, District Raebareli. The petitioner also prayed that may kindly be pleased to quash the order dated 06/03/2025 passed by Learned Additional Session Judge First, District Raebareli, through which rejected the application U/S 227 Cr.PC. filed by the petitioner and other alleged co-accused Dharmraj without application of mind." 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 and Section 401 Cr.P.C. /360 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 :- 23.4.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench