Dismissed¶¶11

Shailendra Shukla and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC2 Apr 2025A482/1162/2025

Case brief

AI extract

What is this about?

Section 482 Cr.P.C. quashing application dismissed as not pressed with liberty to pursue permissible remedies after maintainability objection citing alternative remedy of revision under Sections 397(2)/401 Cr.P.C.; challenge to Sessions Court, District-Unnao order dated 18.12.2024 in S.T. No. 416 of 2023, arising from Case Crime/FIR No. 0108 of 2022, Sections 306 & 506 IPC, Police Station Gangaghat, District Unnao (State v. Shailendra Shukla & Anr.); no adjudication on merits; Manish Kumar, J.; order dated 2.4.2025; neutral citation 2025:AHC-LKO:18403; High Court of Judicature at Allahabad, Lucknow Bench, Court No. 14.

What did the court decide?

Application dismissed as not pressed, with liberty to the applicants to avail such remedy as may be permissible under law. ¶¶11

Shailendra Shukla and Another Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

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Neutral Citation No. - 2025:AHC-LKO:18403

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Court No. - 14

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Case :- APPLICATION U/S 482 No. - 1162 of 2025

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Applicant :- Shailendra Shukla And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- O.P. Tiwari,Ashish Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Manish Kumar,J.

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Heard learned counsel for the applicants, learned counsel for the respondent no. 2, learned AGA for the State-respondents and perused the record.

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This application under Section 482 Cr.P.C. has been filed with the following main reliefs:

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"Wherein it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the impugned order dated 18.12.2024 passed by Learned Session Court, District-Unnao, in Session Trail No. (S.T. No.) 416 of 2023; Case Crime No/ F.I.R. no.0108 Of 2022; State Versus Shailendra Shukla and Another, Under Section 306, 506 I.P.C., Police Station- Gangaghat, District- Unnao and also prayed for quashing of entire proceeding arising of the aforesaid Session Trial No. (S.T. No.) 416 of 2023; Case Crime No/ F.I.R. no.0108 Of 2022; State Versus Shailendra Shukla and Another, Under Section 306, 506 I.P.C., Police Station- Gangaghat, District- Unnao against the Applicants contained as Annexure No. 1 to this Petition, in the interest of law and Justice."

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Sri Abhinit Jaiswaal, Advocate has filed his Vakalatname on behalf of respondent no. 2 and raised a preliminary objection regarding the maintainability of the present application as the applicants have a statutory alternative remedy to file a revision under Section 397(2) read with Section 401 Cr.P.C.

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After arguing at some length, learned counsel for the applicants has submitted that he may be permitted to withdraw the present application as dismissed as not pressed with liberty to file a revision.

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In view of above, the present application is dismissed as not pressed with liberty to the applicants to avail remedy as may be permissible under law.

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Order Date :- 2.4.2025 AKK

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Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Shailendra Shukla and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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Shailendra Shukla and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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