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2025 DAILYLAW 137068 (ALL)

ANURAG MEHROTRA v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS

NA528/369/2025 · 2025-05-05

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:25970 Court No. - 14 Case :- APPLICATION U/S 528 BNSS No. - 369 of 2025 Applicant :- Anurag Mehrotra Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Deepti Gupta Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. The present application under Section 482 Cr.P.C/528 B.N.S.S has been preferred with the following main prayer:- " WHEREFORE, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to set aside the impugned judgement and order dated 19.02.2025 passed by Learned Chief Judicial Magistrate, Lucknow in Misc. Case No-851 of 2025 u/s 173(4) P.S. Chowk district- Lucknow in re- Anurag Mehrotra versus S.H.O Chowk, in the interest of justice. The certified copy of the order dated 19.02.2025 has been annexed as Annexure No-1 to the application, to secure otherwise ends of justice. Further this Hon'ble court may kindly be pleased to direct OP No-3 i.e., SHO, Police Station Chowk, Lucknow to register the F.I.R. against the OP No-4, and investigate the matter in accordance with law, in the interest of justice." 2. Learned A.G.A has raised a preliminary objection regarding the maintainability of the present application on the ground that the applicant has a statutory remedy to file a revision under Section 397 Cr.P.C/ 438 B.N.S.S read with Section 401 Cr.P.C/360 B.N.S.S. In this regard, he placed reliance upon the judgment of the Hon'ble Supreme Court in the case of Madhu Limaye versus State of Maharashtra, (1977) 4 SCC 551. Reliance has also been placed on the judgments of this Court as in the cases of Shailendra Agarwal versus State of U.P and another (Application U/S 482 No. 24354 of 2023), judgment and order dated 17.08.2023, passed in Nitin Tiwari and others versus State of U.P and others (202) ADJ 885 and Ram Shanker Singh versus State of U.P and others 2017 (6) ALJ 680. 3. 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. 4. As such, the present application is dismissed as not pressed with liberty to avail the remedy as may be permissible under the law. Order Date :- 5.5.2025/DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench