In a brief order, the Allahabad High Court dismissed an application under Section 482 Cr.P.C. as not pressed, granting liberty to the applicant to file a revision under Section 397 Cr.P.C. instead.
The application under Section 482 Cr.P.C. was dismissed as not pressed with liberty to file a revision under Section 397 Cr.P.C.
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Court No. - 92
Case :- APPLICATION U/S 482 No. - 1294 of 2022
Applicant :- Anoop Singh Opposite Party :- State Of U.P. And 6 Others Counsel for Applicant :- Hans Pratap Singh,Kusum Lata Counsel for Opposite Party :- G.A.
Hon'ble Manish Kumar,J.
A preliminary objection has been raised by learned AGA that the present petition is not maintainable as a statutory remedy is available with the applicant to file a revision under Section 397 Cr.P.C.
At this stage, learned counsel for the applicant has submitted that he may be permitted to withdraw the present petition and the same may be dismissed as not pressed with liberty to file a revision before the appropriate court.
As prayed, the present petition is dismissed as not pressed with liberty to avail the remedy, as provided under the statute.
Order Date :- 25.3.2022 Nitesh
Digitally signed by NITESH KUMAR TEWARY Date: 2022.03.25 15:36:50 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the petition under Section 482 Cr.P.C. is maintainable when an alternate statutory remedy under Section 397 Cr.P.C. is available.
2 provisions across 1 enactments
Anoop Singh
Manish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
