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2025 DAILYLAW 134338 (ALL)

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

A482/3247/2025 · 2025-04-17

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:21549 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3247 of 2025 Applicant :- Sonu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Rayees Ahmad Khan,Sateesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. The instant application under Section 482 Cr.P.C. read with Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicant with the following prayer:- "For the facts reason and circumstances stated in the accompanying affidavit, it is most respectfully submitted that this Hon'ble Court may kindly be please to quash/set aside the impugned order dated 29.07.2024 passed by the learned Chief Judicial Magistrate IVth, Room No. 28, Lucknow, in case no. 4507361/2014, under Sections 147, 148, 149, 336, 435, 427 IPC, Case Crime no. 71/1990, Police Station Bazar Khala, District Lucknow State vs. Jameel @ Pappu and others and discharge the applicant in the aforesaid case crime in the interest of justice." Learned AGA has raised a preliminary objection regarding the maintainability of the present application as the applicant has 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 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. 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 :- 17.4.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench