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2025 DAILYLAW 199900 (ALL)

AZIM AHMAD KHAN v. STATE OF U.P. THRU. PRIN. SECY. HOME CIVIL SECTT. LKO. AND 9 OTHERS

A482/8420/2025 · 2025-10-08

Rajeev Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8420 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. This application has been filed with the following prayer:- "It is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the inpugned order dated 18/07/2025 passed by the Additional District and Sessions Judge / FTC First, Sultanpur, title as "Azim Ahmed v. State of UP through District Magistrate Sultanpur, and others", passed in Criminal Revision Number 421 of 2023, as well as the order dated 28/11/2023 passed by the Chief Judicial Magistrate, Room No. 16, Sultanpur, in Criminal Misc. Case No. 753 of 2023, titled as "Azim Ahmad v. Ahmadi Khatoon and others", arising out of an application under Section 156(3) of the CrPC at Police Station Kadipur, District Sultanpur." Shri Anant Singh, learned A.G.A., raised a preliminary objection and submitted that the application under Section 156(3) CrPC was filed before the Magistrate for lodging of a FIR under the provisions of the Prevention of Corruption Act and other sections of the IPC, and the same was rejected on the ground of jurisdiction, and thereafter, a revision was filed. He further submitted that there is no illegality in the order, as in case any offense is made out, then he has to file an application before the Special Judge, PC Act, and not before the learned Chief Judicial Magistrate. Versus Counsel for Applicant(s) : Sudhir Kumar Misra Counsel for Opposite Party(s) : G.A. Azim Ahmad Khan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. And 9 Others .....Opposite Party(s) At this stage, learned counsel for the applicant requested for withdrawal of the petition with liberty to take appropriate remedy. Accordingly, the prayer is allowed. The petition is dismissed as withdrawn. October 8, 2025 A.Nigam A482 No. 8420 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench