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2025 DAILYLAW 156113 (ALL)

SALIL KUMAR SHUKLA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/6445/2025 · 2025-08-11

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:46639 Court No. - 11 Case :- APPLICATION U/S 482 No. - 6445 of 2025 Applicant :- Salil Kumar Shukla Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Ajay Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. 1. Heard Sri Ajay Kumar Singh, Advocate alongwith Sri Durgendra Kumar Tiwari, Advocate and learned AGA for the State. 2. Present application has been filed by the applicant challenging the order dated 12.03.2024 passed by the Judicial Magistrate, Second, District-Raebareli in Criminal Case No. 283 of 2020. 3. At the very outset, learned AGA raised a preliminary objection regarding entertainability of this application. He stated that in view of Section 397 Cr.P.C. (now repealed) and Section 438 of BNSS, the applicant is having a remedy of filing a revision before the Court concerned challenging the order dated 12.03.2024. 4. Considering the aforesaid, this Court is not inclined to entertain the present revision. It is accordingly disposed of with liberty to the applicant to approach Court concerned by preferring a revision, which shall be decided by the revisional court, most expeditiously, if the revisionist prefers the aforesaid revision within ten days from today. 5. Accordingly, the application is disposed of with the liberty, as prayed for. 6. Office is directed to return the certified copy of the papers, if any, to the learned counsel for the applicant, as per Rules in this regard. Order Date :- 11.8.2025 Vinay/- Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench