Parmanand Tiwari Vs State of U.P. Thru. Secy. Home Deptt. Lko and Another — Allahabad HC (2025) — LawSathi Research

Parmanand Tiwari Vs State of U.P. Thru. Secy. Home Deptt. Lko and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application dismissed as not pressed at counsel's request; liberty to the applicant to avail the remedy as may be permissible under law (revision indicated); certified copies of relevant documents to be returned to counsel. The prayers to quash the order dated 16.09.2024 and to allow the Section 311 Cr.P.C. application were not granted or adjudicated.

Issue for consideration

Whether the instant application under Section 482 Cr.P.C. was maintainable, given that the applicant had a statutory alternative remedy of revision under Section 399 Cr.P.C. read with Section 401 Cr.P.C. (objection raised by the learned AGA; ultimately conceded by withdrawal, not adjudicated). +1 more

Ratio / Principle

The present Application under Section 482 Cr.P.C. (now Section 528 B.N.S.S.) was dismissed as not pressed, at the request of the applicant's own counsel after argument.

Key takeaways

Liberty was granted to the applicant to avail the remedy as may be permissible under law, i.e., counsel indicated he would pursue a revision under Sections 399/401 Cr.P.C.ratio¶14
Office was directed to return the certified copy of the relevant documents to the learned counsel for the applicant after retaining a photocopy of the same (administrative directive closing the file).obiter¶15

Detailed headnote1 paragraphs

Neutral Citation 2025:AHC-LKO:19221 | High Court of Judicature at Allahabad, Lucknow Bench (Court No. 14), Order dated 7.4.2025 by Hon'ble Manish Kumar, J. | APPLICATION U/S 482 No. 1990 of 2025, applicant Parmanand Tiwari, opposite parties State of U.P. thru Secy. Home Deptt., Lko and another (G.A. for opposite party). The applicant prayed for (i) quashing and setting aside the impugned order dated 16.09.2024 passed in Sessions Trial No. 167/2019 'State vs. Parmanand Tiwari & Ors', pending before the Learned Additional Sessions Judge/Special Judge (EC Act), Court no. 4, Sultanpur, arising out of FIR No. 167/2019 under Sections 147, 148, 149, 302, 323, 307, 452, 504, 506 IPC, P.S. Kotwali Dehat, District Sultanpur, (ii) consequential allowance of his application under Section 311 Cr.P.C. bearing Application No. 112Kha, and (iii) a stay of further trial proceedings during pendency. The learned AGA raised a preliminary objection on maintainability, pointing to the statutory alternative remedy of revision under Section 399 Cr.P.C. read with Section 401 Cr.P.C. After argument at some length, counsel for the applicant sought permission to withdraw the application as dismissed as not pressed with liberty to file a revision; the Court accordingly dismissed the application (under Section 482 Cr.P.C., now Section 528 B.N.S.S.) as not pressed with liberty to the applicant to avail the remedy as may be permissible under law, and directed the office to return the certified copy of the relevant documents to counsel after retaining a photocopy. Neither the maintainability objection nor the quashing prayer was adjudicated on merits.

Neutral Citation No. - 2025:AHC-LKO:19221

Court No. - 14

Case :- APPLICATION U/S 482 No. - 1990 of 2025

Applicant :- Parmanand Tiwari Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko And Another

Counsel for Applicant :- Sukh Deo Singh,Paritosh Shukla Counsel for Opposite Party :- G.A.

Hon'ble Manish Kumar,J.

Supplementary affidavit filed today on behalf of the applicant is taken on record.

The instant application under Section 482 Cr.P.C. read with Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed by the applicant with the following relief:-

"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash and set aside the impugned order dated 16.09.2024 passed in Sessions Trial No. 167/2019, 'State vs. Parmanand Tiwari & Ors' currently pending before Learned Additional Sessions Judge/Special Judge (EC Act), Court no. 4, Sultanpur, arising out of FIR No. 167/2019, under Sections 147, 148, 149, 302, 323, 307, 452, 504, 506 IPC. P.S. Kotwali Dehat, District Sultanpur and consequentially allow the application under Section 311 Cr.P.C. bearing Application No. 112Kha, in the interest of justice, as contained in Annexure-1 to this petition.

To stay the further proceeding in Sessions Trial No. 167/2019 'State vs. Parmanand Tiwari & Ors.' currently pending before Learned Additional Sessions Judge/Special Judge (EC Act), Court no. 4, Sultanpur, arising out of FIR No. 167/2019, under Sections 147, 148, 149, 302, 323, 307, 452, 504, 506 IPC, P.S. Kotwali Dehat, District Sultanpur, during the pendency of this Petition before this Hon'ble Court in the intrerest of justice."

Learned AGA has raised a preliminary objection regarding the maintainability of the present application as the applicant has a statutory alternative remedy for filing revision under Section 399 Cr.P.C. read with Section 401 Cr.P.C.

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

In view of above, the present Application under Section 482 Cr.P.C. (now Section 528 B.N.S.S.) is dismissed as not

pressed with liberty to the applicant to avail the remedy as may be permissible under law.

Office is directed to return the certified copy of the relevant documents to the learned counsel for the applicant after retaining photocopy of the same.

Order Date :- 7.4.2025 Nitesh

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