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2025 DAILYLAW 23912 (ALL)

ALAKHRAM SINGH v. STATE OF U.P. AND 3 OTHERS

CRLP/4352/2025 · 2025-03-06

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:33606-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 4352 of 2025 Petitioner :- Alakhram Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Gyanedra Pratap Singh Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioners and learned A.G.A. for the State-respondents. 2. Present writ petition has been preferred with a prayer to issue a writ order or direction in the nature of mandamus commanding and directing the respondents to provide the Call Detail Record (C.D.R.) from 01.01.2024 to 03.01.2024 as earliest as possible in favour of the petitioner. 3. At the very outset, learned counsel for the State raised a preliminary objection qua maintainability of the instant writ petition as has been asked for and submit that he has instituted an application under Section 156(3) Cr.P.C., which was rejected by the Special Judge (DAA)/Additional Sessions Judge, Banda on 19.07.2024. Against which the petitioner has already instituted the revision, which stated to be pending consideration. 4. Learned counsel for the petitioner next contended that Cr.P.C./B.N.S.S. is self contained Act, in case the petitioner is aggrieved, he may invoked the remedy as contemplated in law. 5. Considering the factual situation, we have not inclined to entertain the instant writ petition as has been framed by him, the same is liable to be rejected. 6. After substantial argument, once the Court has declined to entertain the writ petition then learned counsel for the petitioner states that the petitioner does not want to press the writ petition and the same may be dismissed as not pressed with liberty to invoke the remedy as available in law. 7. Accordingly, the writ petition is dismissed as not pressed. Needless to say that in case the petitioners are aggrieved, they may avail the remedy as available in law. Order Date :- 7.3.2025 Abhishek Sri. (Prashant Kumar,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad