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2025 DAILYLAW 134237 (ALL)

DURGA PRASAD v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 3 OTHERS

NA528/337/2025 · 2025-05-02

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:25580 Court No. - 14 Case :- APPLICATION U/S 528 BNSS No. - 337 of 2025 Applicant :- Durga Prasad Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Applicant :- Vijayendra Prakash Tripathi,Vivek Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. The present application under Section 482 Cr.P.C/528 B.N.S.S has been preferred with the following main prayer:- " WHEREFORE, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to:- (i) Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the order dated 25/03/2025 passed by Additional District and Session Judge/ Special Judge Sc/St Act, Ayodhya/Faizabad in Misc. case No. 38/2025, by means of which he has rejected the application U/S 173(4) BNSS moved by the petitioner in most illegal and arbitrary manner and also without applying his judicial mind, as contained in Annexure no. 1 to this petition." 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 Cr.P.C/B.N.S.S read with Section 401 Cr.P.C/360 B.N.S.S. 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 :- 2.5.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench