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2025 DAILYLAW 134863 (ALL)

RAJU SINGH @ RAJ BABU SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. AND ANOTHER

A482/3401/2025 · 2025-05-02

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:25392 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3401 of 2025 Applicant :- Raju Singh @ Raj Babu Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. And Another Counsel for Applicant :- Avinash Mishra,Rupesh Kumar Singh 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 (in short "BNSS") has been filed by the applicant with the following prayer:- "For the facts, reasons and circumstances as stated in the accompanying affidavit it is most respectfully prayed that this Hon'ble Court may kindly be pleased to set aside/quash the order dated 06.03.2025 passed by Chief Judicial Magistrate, Ambedkar Nagar in Criminal Case No. 1858/2024, Case Crime No. 152/2016, under Section 419/420/467/468 IPC, Police Station Baskhari, District Ambedkar Nagar "State vs. Jilajit others" pending before the court of Chief Judicial Magistrate Ambedkar Nagar, as contained in Annexure No. 1 to the affidavit." 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 :- 2.5.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench