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2025 DAILYLAW 138432 (ALL)

SUKAI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO. AND ANOTHER

A482/3835/2025 · 2025-05-21

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:29967 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3835 of 2025 Applicant :- Sukai Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Shalini Gupta,Rohit Kumar Verma,Vivek Kumar Verma 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 High Court may kindly be pleased to quash the impugned order dated 15.02.2025, passed by the learned Third Additional District & Session Judge, Bahraich in Session Trial No.95/2010, State Vs. Anil Kumar Verma & others, under section-323, 504, 324, 427, 308 IPC, Police Station- Baundi. District-Bahraich, in the interest of justice, contained as Annexure No. 1 to this petition and also allow the application (paper no.B-82), under section-91 Cr.PC read with section-165 Indian Evidence Act, filed by the petitioner, 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 :- 21.5.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench