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2025 DAILYLAW 154832 (ALL)

RAISH AHMAD v. STATE OF U.P. THRU. DISTT. MAGISTRATE DISTT. PRATAPGARH AND 6 OTHERS

CRLP/6913/2025 · 2025-07-31

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:44224 Court No. - 13 Case :- CRIMINAL MISC. WRIT PETITION No. - 6913 of 2025 Petitioner :- Raish Ahmad Respondent :- State Of U.P. Thru. Distt. Magistrate Distt. Pratapgarh And 6 Others Counsel for Petitioner :- Pankaj Kumar Singh Counsel for Respondent :- G.A. Hon'ble Saurabh Lavania,J. Heard. The present petition has been filed for the following main relief:- "a writ order or direction in the nature of Certiorari to quash the order dated 10.04.2025 passed by Opposite party no.2 i.e. Addl. Sessions Judge, Court No.1, District-Pratapgarh in Criminal Revision No.93/2023 as well as order dated- 06.04.2023 passed by Opposite party no.3 i.e. Sub-Divisional Magistrate, Tahsil- Patti, District-Pratapgarh in reference of the application Under Section-145 Cr.P.C. Case No.5519/2020 and passed order to appoint a receiver in respect of disputed land property Gata No.53, 62, 73,56 situated at Village-Majista (Bhawanigarh) Pargana & Tahsil- Patti, District-Pratapgarh as contained in Annexure No.1 & 2 to this writ petition." 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 528 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 :- 31.7.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench