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2025 DAILYLAW 165112 (ALL)

MAHESH @ MAHESH KUMAR v. STATE OF U.P. THRU. ITS SECY. DEPTT. OF HOME AFFAIRS AND 3 OTHERS

CRLP/8885/2025 · 2025-09-22

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8885 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Mr. Kushagra Kanodia, learned counsel for the petitioner and Ms. Kamlesh Kumari, learned AGA for the State. 2. The present petition has been filed with the prayer to stay the effect and implementation of the order dated 04.09.2025 along with consequential orders (if any) and order dated 10.12.2024. 3. Learned AGA has raised preliminary objection that the validity of judicial orders cannot be challenged by filing a writ petition under Article 226 of the Constitution of India as per the law laid down by the Hon'ble Apex Court in the cases of Neeta Singh and Ors. Vs. State of UP and Ors., Special Leave to Appeal (Crl.) No.13578 of 2024 and Pradnya Pranjal Kulkarni Vs. State of Maharashtra, 2025 SCC OnLine SC 1948. 4. Confronted with the aforesaid objection, learned counsel for the petitioner states that he does not want to press the present petition and prays for withdrawal of the same with liberty to file afresh under the appropriate provision. 5. The prayer made is allowed. 6. Accordingly, the petition is dismissed as not pressed. 7. Office is directed to return the certified copy of the documents annexed Versus Counsel for Petitioner(s) : Akhilesh Pratap Singh, Kushagra Kanodia Counsel for Respondent(s) : G.A. Mahesh @ Mahesh Kumar .....Petitioner(s) State Of U.P. Thru. Its Secy. Deptt. Of Home Affairs And 3 Others .....Respondent(s) with this petition to the learned counsel for the petitioner after taking photocopy of the same on record. September 22, 2025 V. Sinha CRLP No. 8885 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench