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2025 DAILYLAW 202483 (ALL)

JANISHAR KHAN v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO AND 3 OTHERS

A227/6357/2025 · 2025-10-28

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6357 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) :- "(i) Set aside the impugned order dated 26.09.2025 passed by the Learned Special Judge (S.C.S.T. Act)/Additional District and Session Judge Court No. 2, District - Unnao in Criminal Misc. Cases 347/2025 in case titled as 'Brijesh versus Sonu and others, contained as Annexure No. 1 to this application. (ii) Issue a direction to the Opposite Party No. 2 and 3 not to adopt any coercive measures against the Applicant on the basis of the impugned order dated 26.09.2025 passed by the Learned Special Judge (S.C.S.T. Act)/Additional District and Session Judge Court No. 2, District - Unnao in Criminal Misc. Cases 347/2025 in case titled as 'Brijesh versus Sonu and others, contained as Annexure No. 1 to this application." 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 Accordingly, the instant petition is dismissed as withdrawn with liberty, as prayed for. 6.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) : O.P. Tiwari Counsel for Respondent(s) : G.A. (Saurabh Lavania,J.) Janishar Khan .....Petitioner(s) State Of U.P. Thru. Secy. Home Deptt. Lko And 3 Others .....Respondent(s) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench