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2025 DAILYLAW 132310 (ALL)

SUMIT SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/2965/2025 · 2025-05-06

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:26411 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2965 of 2025 Applicant :- Sumit Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Onkar Pandey,Arjun Gupta Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. Heard. Present case has been filed under Section 482 Cr.P.C./528 B.N.S.S. with following main prayer:- "WHEREFORE, it is most respectfully prayed that this Hon'ble Court may kindly be pleased set aside the cognizance order dated 08/02/2023 passed by ACJM III, Lucknow, in case no. 36 of 2023 arising out of Case Crime No. 119 of 2022 Under section 498A, 323, 313, 506, 120B IPC & 3/4 DP Act P.S. Sadat Ganj, District Lucknow, along with the charge sheet no. 01 of 2023 dated 17/12/2022, so far it relates to the applicant, contained collectively as Annexure no. 1; And, to set aside the entire proceedings of Session Trial No. 2477 of 2024 "State Vs Amit Singh & others" arising out of Case Crime No. 119 of 2022 Under section 498A, 323, 313, 506, 120B IPC & 3/4 DP Act P.S. Sadat Ganj, District Lucknow and the order dated 07/03/2025 passed by trial court, whereby rejecting the discharge application filed by the applicant, contained as Annexure No. 2 with this application, in the interest of justice, till it extends its benefit to the ambit of applicant." Learned AGA has raised a preliminary objection regarding the maintainability of the present application as the applicants have a statutory alternative remedy to file a revision under Section 397 Cr.P.c./438 B.N.S.S. After arguing at some length, learned counsel for the applicants has submitted that the applicants 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 :- 6.5.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench