GOKUL v. STATE OF U.P.THRU. PRINCIPAL SECY. DEPTT. OF HOME LKO AND 2 OTHERS
A482/3848/2025 · 2025-05-21
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 138262 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 138262 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:29968 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3848 of 2025 Applicant :- Gokul Opposite Party :- State Of U.P.Thru. Principal Secy. Deptt. Of Home Lko And 2 Others Counsel for Applicant :- Srees Kumar Srivastava 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 order dated 18.04.2025 in the application moved by the petitioner for summoning the statement of the injured (opp. party no.3) recorded by the Nayab Tehsildar on 08.11.2022, concerning Case Crime No.552 of 2022, under section 307 I.P.C. & section 3/25 Arms Act, Police Station Purwa, district Unnao, passed by The Learned Additional Session Judge, Court No. 3, in Session Trial No. 90/2023, parties state versus Gokul." 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 :- 21.5.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench