MAHENDRA SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. AND 5 OTHERS
A227/6306/2025 · 2025-10-28
Saurabh Lavania
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 197004 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 197004 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6306 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J.
1. Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record.
2. This petition under Article 227 of the Constitution of India has been filed seeking following main relief (s) :-
"1. To set aside the Cri. Revision Order bearing no. 49/2024, dated 09.10.2025 passed by Add. District and Session Court FTC III, Raebareli along with the summoning order dated 20.01.2024 passed by Judicial Magistrate/ Civil Judge (J.D.), Raebareli in 'State Vs. Rambaran Singh and another' case no. 1790/2024, crime no. 187/2023, under section 353, 427, 504, 506 of IPC, Now 132, 324(2-6), 352, 351(2,3) of BNS 2023, Police Station Jagatpur, District Raebarel as contained in Annexure No. 1 & 2, only relates to applicant in the interest of justice.
2. To quash the entire Criminal Proceedings of the Case bearing No. 1790/2024, crime no. 187/2023, under section 353, 427, 504, 506 of IPC, Now 132, 324(2-6), 352, 351(2,3) of BNS 2023, P.S- Jagatpur, Before the Judicial Magistrate/ Civil Judge (J.D.), Raebareli in 'State Vs. Rambaran Singh and another' as contained in Annexure No. 2, only relates to applicant in interest of justice."
3. Learned A.G.A., at the very outset, raised a preliminary objection regarding maintainability of this petition stating that the petitioner has a statutory remedy under Section 528 of the B.N.S.S., 2023.
4. On being confronted after taking note of the aforesaid, learned counsel for the petitioner states that he may be permitted to withdraw the instant petition with liberty to the petitioner to avail the remedy as available under the law.
5. Accordingly, the instant petition is dismissed as withdrawn with liberty, as prayed for.
6. Office is directed to return certified copy of the papers/documents, if any, annexed with this petition to the learned counsel for the petitioner as per rules in this regard. October 28, 2025 Arun/- Versus Counsel for Petitioner(s) : Ramendra Kumar Misra Counsel for Respondent(s) : G.A. (Saurabh Lavania,J.) Mahendra Singh .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. And 5 Others .....Respondent(s) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench