SHRI. GHAN SHYAM MISHRA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER
NA528/638/2025 · 2025-07-01
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 147593 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 147593 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:37032 Court No. - 15 Case :- APPLICATION U/S 528 BNSS No. - 638 of 2025 Applicant :- Shri. Ghan Shyam Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Sushil Kumar,Ashok Kumar Shukla,Tanuj Singh Counsel for Opposite Party :- G.A.,Jalaj Kumar Gupta Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Kazim Ibrahim holding brief of Sri Sushil Kumar,
learned counsel for the applicant, Sri Rajesh Kumar Singh, the learned AGA-I for the State, Jalaj Kumar Gupta, learned counsel for the opposite party no. 2.
2. By means of the instant application filed under Section 528 B.N.S.S., the petitioner has challenged validity of proceedings of Case No. 5666 of 2025, under Section 152 of the Bhartiya Nagarik Suraksha Sanhita, 2023 before the Sub District Magistrate, Nawabganj, District Barabanki.
3. The learned counsel for the opposite parties have submitted that the aforesaid proceeding already stands terminated by means of passing of the final order dated 30.06.2025.
4. The petitioner has got a statutory remedy available against the aforesaid order dated 30.06.2025 under Section 397 Cr.P.C./ 438 Cr.P.C.
5. In view of the aforesaid development that took place during pendency of the present application, the application has become infructuous and it is accordingly dismissed leaving it open to the applicant to avail the statutory remedy against the order dated 30.06.2025.
Order Date :- 1.7.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench