SUBHASH CHANDRA KESARWANI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
A482/5890/2025 · 2025-07-30
Subhash Vidyarthi
body2025
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[ 2025 DAILYLAW 152224 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 152224 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:44105 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5890 of 2025 Applicant :- Subhash Chandra Kesarwani Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- S.P. Singh Somvanshi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. Heard Sri S.P. Singh Somvanshi, learned counsel for the applicant and learned AGA for the State. By means of instant application filed under Section 482 Cr.P.C, applicant has challenged the validity of the order dated 15.02.2025 passed by the Chief Judicial Magistrate, Kunda, Pratapgarh in Case Crime No. 150 of 2023 under Sections 420, 465, 466, 471, 120-B IPC, Police Station-Kunda, District- Pratapgarh, whereby the trial court has altered some Sections while taking remand of the accused persons. Learned AGA for the State has raised preliminary objection by stating that applicant has got a statutory remedy of filing a revision under Section 397 Cr.P.C. before the Sessions Court. As the applicant has got a statutory remedy available, this Court does not find any good ground to exercise its inherent power. Accordingly, the application is dismissed leaving it open for the applicant to avail the remedy by way of filing revision under Section 397 Cr.P.C. before the Sessions Court. Order Date :- 30.7.2025 Vinay/- Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench