Pappi Yadav @ Pappi Kumari Vs State of U.P. Thru. Addl. Chief Secy. Home Lko. — Allahabad HC (2025) — LawSathi Research

Pappi Yadav @ Pappi Kumari Vs State of U.P. Thru. Addl. Chief Secy. Home Lko. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application dismissed as not pressed with liberty to the applicant to file a revision or take such other remedy as may be permissible under the law; Office directed to return the certified copy of the order to the applicant after retaining a photocopy on record.

Issue for consideration

Maintainability of the present application under Section 482 Cr.P.C./528 BNSS - the Learned A.G.A. raised a preliminary objection that the applicant has a statutory alternative remedy of filing revision under Section 397 Cr.P.C./438 BNSS and Section 401/360 BNSS. +1 more

Ratio / Principle

Acting on the applicant's prayer, the application under Section 482 Cr.P.C./528 BNSS is dismissed as not pressed, with liberty to file a revision or to take such other remedy as may be permissible under the law; the maintainability objection was thereby left unadjudicated.

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Manish Kumar, J.), order dated 11.4.2025 in Application u/s 482 No. 2427 of 2025: Applicant Pappi Yadav @ Pappi Kumari sought quashing of the charge-sheet dated 21.12.2023, the summoning order dated 12.04.2024 and the order dated 26.09.2024 rejecting her discharge application passed by the Additional Chief Judicial Magistrate-VIIth, Lucknow, in Criminal Case No. 447/23 arising out of FIR No. 0447/2023, Police Station Gudamba, Lucknow (offences under Sections 147, 148, 149, 323, 325, 504 and 506 IPC), together with a stay of proceedings. The Learned A.G.A. raised a preliminary objection on maintainability, pointing to the statutory alternative remedy of revision under Section 397 Cr.P.C./438 BNSS and Section 401/360 BNSS. Before the objection could be decided, learned counsel for the applicant sought withdrawal of the application as not pressed with liberty to file a revision. As prayed, the Court dismissed the application as not pressed with liberty to file a revision or to take such other remedy as may be permissible under the law, and directed the Office to return the certified copy of the order after retaining a photocopy on record. The quashing prayer itself was never adjudicated on merits.

Neutral Citation No. - 2025:AHC-LKO:20654

Court No. - 14 Case :- APPLICATION U/S 482 No. - 2427 of 2025 Applicant :- Pappi Yadav @ Pappi Kumari Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko.

Counsel for Applicant :- Abhishek Vishwakarma,Vijay Lakshmi Singh Counsel for Opposite Party :- G.A.

Hon'ble Manish Kumar,J.

The present application under Section 482 Cr.P.C./ 528 BNSS has been preferred with the following prayer:

"to quash the impugned Charge-Sheet dated 21.12.2023 and the Summoning Order dated 12.04.2024 and rejection of discharge application order dated 26.09.2024 issued by the learned Court of Additional Chief Judicial Magistrate-VIIth, Lucknow as contained in ANNEXURE NOS. 2 & 3 respectively to this accompanying affidavit.

It is further prayed that this Hon'ble Court may kindly be pleased to stay the entire proceedings of the Criminal Case No. 447/23 arisen out of First Information Report No.0447/ 2023 lodged by the complainant at Police Station- Gudamba, Lucknow against the applicant U/S 147, 148, 149, 323, 325, 504 & 506 of I.P.C. in the interest of justice"

Learned A.G.A. has raised a preliminary objection regarding maintainability of the present application as the applicant has statutory alternative remedy for filing revision under Section 397 Cr.P.C./ 438 BNSS and Section 401/360 BNSS.

At this stage, learned counsel for the applicant has submitted that the applicant wants to withdraw the present application as dismissed as not pressed with liberty to file a revision.

As prayed, the application under Section 482 Cr.P.C./ 528 BNSS is dismissed as not pressed with liberty to file a revision or to take a remedy as may be permissible under the law.

Office is directed to return the certified copy of the order to the applicant after retaining the photocopy of the same on record.

Order Date :- 11.4.2025 S. Kumar

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