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2025 DAILYLAW 22723 (ALL)

RAKESH BABU v. STATE OF U.P. AND ANOTHER

NA528/7094/2025 · 2025-03-31

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:44885 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 7094 of 2025 Applicant :- Rakesh Babu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhirendra Singh Rajput Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Dhirendra Singh Rajpoot, learned counsel for the applicant and Sri Jyoti Prakash Singh, learned AGA for the State. 2. This application U/s. 528 of BNSS has been filed for quashing the order dated 18.09.2024 passed in Criminal Revision No. 93 of 2022 (Rakesh Babu Vs. State of U.P. and another) and also to quash the order dated 05.09.2022 passed by Judicial Magistrate Court No. 1, Kanpur Dehat in Complaint Case no. 3884 of 2020 (Rakesh Babu Vs. Indrapal) under Section 138 of NI Act. 3. Learned counsel for the applicant, at the very outset submits that both the orders which are subject matter of challenge do not suffer from legal infirmity, however, according to him, the applicant be accorded liberty to file fresh complaint in that regard. 4. Learned AGA submits that if the law permits and the provisions are tilting in favour of the applicant then he can obviously lodge proceedings. 5. Having heard the arguments so sought to be advanced, this Court finds no reasons to interfere in the present proceedings particularly when there is nothing on record to show that there was any illegality committed by the court below or jurisdictional error. 6. Accordingly, the applicant is consigned to record, leaving it open for the applicant to take legal remedy which are available under law. Order Date :- 1.4.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad