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2025 DAILYLAW 168800 (ALL)

SAMEER PATEL v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND 4 OTHERS

A482/10340/2024 · 2025-04-05

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19183 Court No. - 14 Case :- APPLICATION U/S 482 No. - 10340 of 2024 Applicant :- Sameer Patel Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 4 Others Counsel for Applicant :- Jyotinjay Verma,Jyotinjay Verma Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. Heard. The instant application under Section 482 Cr.P.C. read with Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 has been preferred by the applicant with the following main relief:- "I. set aside the impugned order dated 07.08.2024 rejecting application for discharge Annexure No. 1 to the petition and entire criminal proceedings arising out of SST POCSO No. 642/2022 (State vs. Sameer Patel) under Sections 376, 323, 352, 504, 506 IPC and Section 5/6 POCSO Act and Section 3(2)(v) SC/ST Act." Learned counsel for the applicant has submitted that the applicant has moved an application for discharging him from the offences punishable under sections 376, 323, 352, 504, 506 IPC & Section 5/6 of POCSO Act and Section 3(2)(v) SC/ST Act in SST POCSO No. 642/2022 (State vs. Sameer Patel), which was rejected by the court concerned vide its order dated 07.08.2024 without application of its mind. The said order dated 07.08.2024 is under challenge in the present case. On the other hand, learned AGA has submitted that the applicant is having statutory alternative remedy to file a revision against the rejection of discharge application. At this state, learned counsel for the applicant has submitted that the present application may be dismissed as not pressed with liberty to file the revision before the appropriate Court. In view of above, the present application is dismissed as not pressed with liberty to the applicant to avail the remedy, as may be permissible under the law. Order Date :- 5.4.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench