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2025 DAILYLAW 134337 (ALL)

MUNNAN v. STATE OF U.P. THRU. THE PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS

A482/3278/2025 · 2025-04-17

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:21648 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3278 of 2025 Applicant :- Munnan Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Ashish Raman Mishra Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. The present application under Section 482 Cr.P.C./ 528 BNSS has been preferred with the following prayer: "to quash the impugned order dated 01.02.2025, passed by the learned Additional Session Judge/ Special Judge (P.O.C.S.O. Act), Bahraich in Special Criminal Case No.-318/2021, State Versus Munnan, arising out from Case Crime No.-18/2021, Under Section 363, 366, 376 I.P.C. and section 3/4 of Protection of Children From Sexual Offence Act, 2012, Police Station - Hujurpur, District - Bahraich (contained as Annexure No.1 to the petition) and allowed the discharge application of petitioner dated 15.09.2021, in the interest of law an justice." 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 401Cr.P.C./360 BNSS. 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. 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. 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 :- 17.4.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench