DAYANAND SHARMA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. U.P. LKO. AND ANOTHER
A482/11681/2024 · 2025-04-15
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 169902 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 169902 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:21182 Court No. - 14 Case :- APPLICATION U/S 482 No. - 11681 of 2024 Applicant :- Dayanand Sharma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And Another Counsel for Applicant :- Mukesh Kumar Shukla 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:
"to quash the impugned order dated 4.11.2024 passed by the Chief Judicial Mmagistrate, Gonda by which the discharge application filed by the pettioner has been rejected as well as the further proceedings of the Criminal Case No.821 of 2013 " State Versus Nishant and Others" arising out of Case Crime No.137 of 2012, Under Sections 419/420/467/468/471 I.P.C., Police Station Kotwali Natgar, District - Gonda." 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 Cr.P.C. /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 :- 15.4.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench