MAHESH KUMAR v. STATE OF U.P. THRU. SECY. (LAW) LUCKNOW AND ANOTHER
A227/4156/2025 · 2025-07-15
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 151056 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 151056 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:40159 Court No. - 13 Case :- MATTERS UNDER ARTICLE 227 No. - 4156 of 2025 Petitioner :- Mahesh Kumar Respondent :- State Of U.P. Thru. Secy. (Law) Lucknow And Another Counsel for Petitioner :- Sukh Deo Singh,Paritosh Shukla Counsel for Respondent :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record. This petition under Article 227 of the Constitution of India has been filed seeking following main relief (s) :-
"(i). Issue a suitable, order or direction commanding Learned Additional Sessions Judge/FTC-I, Sultanpur to decide the application bearing Application No. 38Ka dated 17/10/2023 currently pending in Sessions Trial No. 251A/2015, 'State Vs. Mahesh', arising out of Case Crime No. 2020/2010, under sections 147, 323, 308, 504, 506 IPC, P.S Kotwali Nagar, District Sultanpur, expeditiously within such period as may be stipulated by this Hon'ble Court in the interest of justice." Learned A.G.A., at the very outset, raised a preliminary objection regarding maintainability of this petition stating that the petitioner has a statutory remedy under Section 529 of the B.N.S.S., 2023. On being confronted after taking note of the aforesaid, learned counsel for the petitioner states that he may be permitted to withdraw the instant petition with liberty to the petitioner to avail the remedy as available under the law. Accordingly, the instant petition is dismissed as withdrawn with liberty, as prayed for. Office is directed to return certified copy of the papers/documents, if any, annexed with this petition to the learned counsel for the petitioner as per rules in this regard. Order Date :- 15.7.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench