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2025 DAILYLAW 138910 (ALL)

DATA RAM v. STATE OF U.P. THRU. THE PRIN. SECY. HOME AND ANOTHER

A482/3872/2025 · 2025-05-09

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:27209 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3872 of 2025 Applicant :- Data Ram Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home And Another Counsel for Applicant :- Uttam Kumar Awasthi 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 quash the impugned order dated 07.02.2025 passed by Civil judge (S.D.) / F.T.C. Hardoi in case no. 29653/2024 State Vs. Data Ram arising out of case crime no. 6/2019 under section 279, 337 and 338 I.P.C. P.S. Pachdewra District Hardoi, as contained in Annexure No. 1 to this petition and discharge the petitioner / applicant from this false case 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. 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. 5. Office is directed to return certified copy of the documents to the learned counsel for the applicant after retaining photocopy of the same on record. Order Date :- 9.5.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench