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2025 DAILYLAW 32002 (ALL)

MANOJ SHARMA v. STATE OF U.P. AND ANOTHER

NA528/10332/2025 · 2025-07-16

Vikas Budhwar

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:115799 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 10332 of 2025 Applicant :- Manoj Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amitesh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Shri Amitesh Kumar Mishra, learned counsel for the applicant and Sri Pankaj Kumar Rai, learned AGA for the State- opposite party no. 1 2. This application under Section 528 BNSS has been filed by the applicants to quash the entire proceedings of Criminal appeal No. 87 of 2022 (Manoj Sharma Vs. State) as well as impugned order dated 02.01.2025 and order dated 26.06.2019 passed by Court of Civil Judge (J.D.)/ Judicial Magistrate, 1st Anwala, District Bareilly in Criminal Case No. 1212 of 2017, under Section 23(1) of D.V. Act police station Sirauli, District Bareilly. 3. Learned AGA has raised a preliminary objection regarding the maintainability of the present proceedings on the ground that the order is amenable to revision. Reliance has been placed upon a Full Bench decision in the case of Dinesh Kumar Yadav v. State of U.P. and others; Criminal Revision No. 582 of 2016 decided on 27.10.2016. 4. Learned counsel for the applicant could not dispute the fact. 5. Accordingly, the application stands disposed of. 6. Leaving it open for the applicant to challenge the order while preferring revision. Order Date :- 17.7.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad