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2025 DAILYLAW 149647 (ALL)

RAJIV JAGWANI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND ANOTHER

A378D/85/2025 · 2025-07-07

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:38110 Court No. - 13 Case :- APPLICATION U/S 378 DEFECTIVE No. - 85 of 2025 Applicant :- Rajiv Jagwani Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Shyamendra Singh,Shiv Om,Tej Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. (C.M.Application No.- 1 of 2025 (Application for condonation of delay) Heard. Considering the facts as indicated in the affidavit filed in support of the application seeking condonation of delay in the filing the present appeal as also the law related to the same as also the report of Registry of this Court, and on being found the reasons sufficient, the delay condonation application is allowed. Delay is condoned. Order on Appeal Heard. At the very outset, Sri S.P. Tiwari, learned A.G.A. has raised preliminary objection regarding maintainability of the present application on the ground that applicant is having statutory remedy. In support of his submission he has placed reliance on the judgment passed by the Hon'ble Apex Court in the case of Celestium Financial v. A. Gnanasekaran, 2025 SCC OnLine SC 1320. After arguing at some length, the learned Counsel for the applicant states that he does not want to press the present application and the same may be dismissed as withdrawn with liberty to avail remedy as available to him under law. To the aforesaid prayer, learned AGA has no objection. Accordingly, the present application is dismissed as withdrawn with liberty as aforesaid. Office is directed to return back all the certified copies of order and documents, annexed in the present petition, to the learned Counsel for the applicant, if he applies for the and submit the copies of same. Order Date :- 7.7.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench