Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 135653 (ALL)

MAYA DEVI v. STATE OF U.P. THRU. SECY. DEPTT. HOME LKO. AND 6 OTHERS

A482/3429/2025 · 2025-05-02

Manish Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:25437 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3429 of 2025 Applicant :- Maya Devi Opposite Party :- State Of U.P. Thru. Secy. Deptt. Home Lko. And 6 Others Counsel for Applicant :- Santosh Kumar Tirpathi 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: "quash the impugned order dated 26.03.2025 passed by the Learned Additional Chief Judicial Magistrate Court No. 30, Lucknow (whereby the Learned Additional Chief Judicial Magistrate Court No. 30, Lucknow has rejected the Protest petition of the Applicant after accepting the Final Report dated 08.09.2024 submitted by the investigating Officer arising out of Case Crime No.0046 Of 2024 Under Sections 419/420/467/468/471 I.P.C. Police Station Gosaiganj District Lucknow). It is further prayed that this Hon'ble Court may graciously be pleased to direct the Opposite Party No.2 for further investigation in Case Crime No.0046 Of 2024 Under Sections 419/420/467/468/471 1.P.C. Police Station Gosaiganj District Lucknow during the pendency of the present Criminal Misc. Application under section 528 BNSS before this Hon'ble Court otherwise, the applicants shall suffer an irreparable loss and injury." 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. 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 :- 2.5.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench