Jagdish Kumar and Another Vs State of U.P. Thru… — Cheating and Forgery | Allahabad HC (2025)

Jagdish Kumar and Another Vs State of U.P. Thru… — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Dismissal of the application as not pressed, with liberty to the applicant to avail the remedy as may be permissible under law (counsel had sought withdrawal with liberty to file a revision); Office directed to return certified copies to counsel after retaining photocopies.

Issue for consideration

Maintainability of the present application under Section 482 Cr.P.C. having regard to the statutory alternative remedy of revision under Sections 399 and 401 Cr.P.C. (preliminary objection raised by the learned AGA; left unresolved as the application was withdrawn). +1 more

Ratio / Principle

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.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Court No. 14; Hon'ble Manish Kumar, J.; Neutral Citation 2025:AHC-LKO:20240; Order dated 10.4.2025). Application U/S 482 No. 2730 of 2025 filed by Jagdish Kumar and another under Section 482 Cr.P.C. read with Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023, praying for quashing of the order dated 21.2.2025 passed by the learned II Additional Chief Judicial Magistrate, Lakhimpur Kheri in Criminal Case No. 11564 of 2023 (State vs. Jagdish Kumar and Ors.), arising out of Case Crime No. 40 of 2023, under Sections 420, 406 IPC, relating to Police Station Sharda Nagar, District Kheri, and for discharge of the petitioners from all charges. 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.; thereafter, learned counsel for the applicant submitted that the applicant be permitted to withdraw the application as dismissed as not pressed with liberty to file a revision. In view thereof, the Court dismissed the application as not pressed with liberty to the applicant to avail the remedy as may be permissible under law, and directed Office to return the certified copy of relevant documents to counsel after retaining photocopy. No adjudication was made either on the maintainability objection or on the merits of the quashing/discharge prayer.

Neutral Citation No. - 2025:AHC-LKO:20240

Court No. - 14

Case :- APPLICATION U/S 482 No. - 2730 of 2025

Applicant :- Jagdish Kumar And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another

Counsel for Applicant :- Arvind Kumar Verma,Harish Kumar,Suraj Kumar

Counsel for Opposite Party :- G.A.

Hon'ble Manish Kumar,J.

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 the impugned order dated 21.2.2025, passed by the learned II Additional Chief Judicial Magistrate, Lakhimpur Kheri, in Criminal Case No. 11564 of 2023; State vs. Jagdish Kumar and Ors. arising out of Case Crime No. 40 of 2023, under Sections 420, 406 IPC, relating to Police Station Sharda Nagar, District Kheri, as contained in Annexure No. 1 to this petition, in the interest of justice.

It is further most respectfully prayed that this Hon'ble Court may kindly be pleased to discharge the petitioners from all the charges, levelled against them in Criminal Case No. 11564 of 2023; State vs. Jagdish Kumar and Ors., arising out of Case Crime No. 40 of 2023, under Sections 420, 406 IPC, relating to Police Station Sharda Nagar, District Kheri, pending in the court of learned II Additional Chief Judicial Magistrate, Lakhimpur Kheri, in the interest of law and 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 :- 10.4.2025 Nitesh

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