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2025 DAILYLAW 134343 (ALL)

COMPLAINANT OF CASE CRIME NO. 158/2023 LKO v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 2 OTHERS

A483/322/2025 · 2025-04-21

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:22437 Court No. - 14 Case :- APPLICATION U/S 483 No. - 322 of 2025 Applicant :- Complainant Of Case Crime No. 158/2023 Lko Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Applicant :- Naveen Kumar Pandey,Shivam Pandey Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. The present case has been filed under Section 482 Cr.P.C. / 528 of B.N.S.S. with the following prayers:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to direct the Opposite Party No. 2/Learned Special Judge, POCSO Act-1st, Lucknow to decide the Session Trial No. 2108/2023 'State vs. Rajan Kumar Raj', under Section 376, 384, 506 IPC, Police Station Ghazipur, District Lucknow, arising out of Case Crime No. 158/2023, under Section 376, 384, 506 IPC, Police Station Ghazipur, District Lucknow, pending before him since year 2023, expeditiously, within 1 month, in the interest of justice." On the other hand, learned AGA has raised a preliminary objection regarding the maintainability of the present application as the applicant earlier also had approached this Court twice; firstly, by filing APPLICATION U/S 483 No. 432 of 2024 which was disposed of by a co-ordinate Bench of this Court by its judgment dated 27.06.2024 with a direction to the trial court to decide the matter expeditiously and secondly; within a period of six months with the same relief by filing APPLICATION U/S 483 No. 887 of 2024 which was also disposed of by a co-ordinate Bench of this Court by its judgment dated 20.12.2024 with the same direction. Now, this is the third application with the same cause, though the applicant has remedy, in case he has any grievance, he may file a contempt application or move an appropriate application in the aforementioned earlier applications filed under Section 483 Cr.P.C, as may be advised. At this stage, learned counsel for the applicant has submitted that he may be permitted to withdraw the present application as dismissed as not pressed with liberty to file a contempt application. In view of above, the present application is dismissed as not pressed with liberty to the applicant to avail the remedy, as may be permissible under the law. Order Date :- 21.4.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench