ARADHANA BAJPAI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
/11931/2024 · 2025-01-09
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[ 2025 DAILYLAW 170831 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 170831 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:1576 Court No. - 12 Case :- APPLICATION U/S 482 No. - 11931 of 2024 Applicant :- Aradhana Bajpai Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Jai Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard Sri Ashutosh Singh, Advocate holding brief of Sri Jai Pratap Singh,
learned counsel for the applicant, learned AGA for the State of U.P. and perused the record. By means of this application, the applicant has prayed for the following main relief:-
"That for the facts, circumstances and reasons stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to stay the operation and implementation of the orders dated 15.09.2022 passed by Chief Judicial Magistrate Raebareli in C.M. Application no. 1637 of 2022 under section 156(3) Cr.P.C. as well as order dated 01.10.2024 passed by V Additional Sessions Judge/Special Judge Gangster Act. Raebareli, in Criminal Revision no. 251/2022 respectively and further direct the opposite parties to lodge the FIR of the petitioner against the opposite party no. 2 in relevant sections of BNS, in the interest of justice." After taking note of the facts of the case and various pronouncements on the issued related to dealing with the applications under Section 156(3) Cr.P.C. including the expression "investigation" made in the judgment passed by the Hon'ble Apex Court in the case of Kailash Vijayvargiya vs. Rajlakshmi Chaudhari and Others reported in 2023 SCC OnLine SC 569, on being confronted, learned counsel for the applicant prays for withdrawal of this application with liberty to the applicant to avail the remedy as available under the law including filing of complaint case before the court concerned. The aforesaid has not been opposed. In view of the above, the instant application is dismissed as withdrawn with aforesaid liberty.
Order Date :- 9.1.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench