RAJKUMAR AND 2 OTHERS v. STATE OF U.P. THRU. THE PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/3366/2025 · 2025-05-02
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 134087 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 134087 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:25282 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3366 of 2025 Applicant :- Rajkumar And 2 Others Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Santosh Kumar Jha Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. Heard. Present case has been preferred under Section 482 Cr.P.C./528 B.N.S.S. with following main prayer:-
"i) Issue an order to set aside the order dated 11.11.2024 passed by the learned Court of ADJ SPL Judge POCSO Court, Lucknow and allow the discharge application filed under Section 250 (@) of BNSS, 2023 (Section 227 Cr.P.C) and thereby discharge the petitioners from the charges framed against thme under Section 147, 323, 504, 506, & 452 IPC in Session Trial No. 754/2024, Case Crime No. 217 of 2021 in the name of State of Uttar Pradesh Versus Naveen Pratap Singh and others. " 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 & Section 401 Cr.P.C./ 360 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 while retaining photostat copy of the same. Order Date :- 2.5.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench