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2025 DAILYLAW 150700 (ALL)

DILEEP KUMAR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER

A227/4123/2025 · 2025-07-14

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:39929 Court No. - 13 Case :- MATTERS UNDER ARTICLE 227 No. - 4123 of 2025 Petitioner :- Dileep Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Petitioner :- Mohd. Imran Khan Counsel for Respondent :- G.A. Hon'ble Saurabh Lavania,J. Heard. The present petition has been filed for the following main relief:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash/set-aside the impugned judgment and order dated 06.06.2025 passed by learned Special Judge P.C. Act-2/Additional District & Sessions Judge, Lucknow in Criminal Miscellaneous Case No. 2877 of 2024 [Dileep Kumar Versus State of U.P. & Another] arising out of Complaint Case No. 2030/2017 (Ashish Dwivedi Versus Dileep Kumar) filed under section 138 N.I. Act, pertaining to Police Station- Mohanlalganj, District-Lucknow including the entire consequential proceedings thereof, as contained in Annexure No.1 to this petition, in the interest of justice." On being opposed by learned A.G.A. that the present petition for the relief sought, quoted above, ought to have been filed under Section 529 B.N.S.S., learned counsel for the petitioner submits that he may be permitted to withdraw the present petition with liberty to file a fresh in correct provision and with proper pleadings and documents in support thereof. To the aforesaid prayer, learned A.G.A. has no objection. Accordingly, the present petition is dismissed with liberty as aforesaid. Office is directed to return back all the certified/original copies of order and documents, annexed in the present petition, to the learned Counsel for the petitioner, if he applies for the and submit the copies of same. Order Date :- 14.7.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench