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2025 DAILYLAW 135503 (ALL)

TRIBHUWAN DUTTA SINGH AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. CIVIL SECTT. LKO AND ANOTHER

A482/3427/2025 · 2025-05-02

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:25431 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3427 of 2025 Applicant :- Tribhuwan Dutta Singh And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko And Another Counsel for Applicant :- Rakesh Kumar Nayak Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. The present application under Section 482 Cr.P.C./ 528 BNSS has been preferred with the following prayer: "to quash the order dated 30.04.2024 passed by Additional Chief Judicial Magistrate /Civil Judge (Senior Division, Fast/A.C.J.M.), Ambedkar Nagar in Criminal Case No.9446/2023, Case Crime No.14/2023 (State Vs. Vs. Tribhuwan Dutta Singh and others) by means of which the learned Additional Chief Judicial Magistrate /Civil Judge (Senior Division, Fast/A.C.J.M.), Ambedkar Nagar has rejected application in under section 239 Cr. P.C. filled by the applicants. It is further prayed that this Hon'ble Court may kindly be pleased to stay the proceeding of Criminal Case No.9446/2023, Case Crime No.14/2023 (State Vs. Vs. Tribhuwan Dutta Singh and others) by means of which the learned Additional Chief Judicial Magistrate /Civil Judge (Senior Division, Fast/A.C.J.M.), Ambedkar Nagar has summoned the applicants for offence under Sections 323, 504, 336, 452, 506, 325 I.P.C., during the pendency of this petition." 2. 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 401/360 BNSS. 3. 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. 4. 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. 5. 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 :- 2.5.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench