ARUN KUMAR DEAN v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME CIVIL SECTT. LKO AND ANOTHER
A482/8998/2024 · 2025-05-14
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 162928 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 162928 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Court No. - 14 Case :- APPLICATION U/S 482 No. - 8998 of 2024 Applicant :- Arun Kumar Dean Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Civil Sectt. Lko And Another Counsel for Applicant :- In Person Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. The present application under Section 482 Cr.P.C./ 528 BNSS has been preferred with the following prayer:
"(i) Set-aside the impugned order dated 12.06.2024 passed by learned Chief Judicial Magistrate, Court No. 16, Sultanpur in Criminal Case No. 835/2009, U/s 386, 504 I.P.C., Police Station- Kotwali Nagar, District-Sultanpur (contained at Annexure No. 1 to this petition). (ii) Set-aside the entire proceeding of Complaint Case No. 835/2009, U/s 386, 504 I.P.C., Police Station-Kotwali Nagar, District-Sultanpur pending before the learned Chief Judicial Magistrate, Court No. 16, Sultanpur." Learned A.G.A. has raised a preliminary objection regarding maintainability of the present application as the applicant has statutory alternative remedy for filing revision under Section 397 Cr.P.C./ 438 BNSS and Section 401/360 BNSS. At this stage, learned counsel for the applicant has submitted that the applicant wants to withdraw the present application as dismissed as not pressed with liberty to file a revision. As prayed, the application under Section 482 Cr.P.C./ 528 BNSS is dismissed as not pressed with liberty to file a revision or to take a remedy as may be permissible under the law. Office is directed to return the certified copy of the order to the applicant after retaining the photocopy of the same on record. Order Date :- 14.5.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench