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2025 DAILYLAW 138976 (ALL)

RAM SHANKAR YADAV AND 4 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. HOME LKO. AND ANOTHER

A482/3874/2025 · 2025-05-09

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:27202 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3874 of 2025 Applicant :- Ram Shankar Yadav And 4 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. And Another Counsel for Applicant :- Alok Kr. Misra 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 graciously be pleased to quash the impugned order dated 18.11.2024 passed by learned Additional District Judge (First)/Session Judge, Bahraich in Session Trial No.1285/2021 (State Vs. Ram Shankar & others) under section 147,148,323, 504,506, 452,308 IPC in FIR/Case Crime No.15/2019, PS-Ranipur, District Bahraich, contained at Annexure No.1, 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