RAJU KHAN v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
NA528/389/2025 · 2025-05-15
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 137774 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 137774 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:28534 Court No. - 14 Case :- APPLICATION U/S 528 BNSS No. - 389 of 2025 Applicant :- Raju Khan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Neeraj Singh 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:
"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned order dated 10.3.2025, passed by the learned Additional Sessions Judge, Court No.7, Unnao, in Criminal Misc. Case No.21 of 2025, arising out of Case Crime No.53 of 2025, under sections- 8/20 of N.D.P.S. Act, relating to the Police Station- Kotwali, District- Unnao, as contained in Annexure No.1 to this petition, in the interest of law and justice. It is further most respectfully prayed that this Hon'ble Court may kindly be pleased to issue direction to release the petitioner's vehicle, i.e. Maruti Wagon R (VXI) car, bearing its registration no.U.P.35/AK-0848, in favour of thepetitioner, forthwith in the interest of justice. " 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 :- 15.5.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench