Dismissed¶4

Nizamuddin v. State of U.P. and Another

Allahabad HC6 Nov 2025NA528/43315/2025

Case brief

AI extract

What is this about?

Section 528 BNSS application before the Allahabad High Court (Single Judge, Deepak Verma, J., decided November 6, 2025) dismissed as withdrawn with liberty to avail alternative remedy. Key point: per Full Bench in Ghulam Rasool Khan v. State of U.P., an aggrieved person having the statutory appeal remedy under Section 14A of the 1989 Act cannot invoke the High Court's inherent jurisdiction under Section 482 Cr.P.C. Keywords: inherent jurisdiction, maintainability, alternative remedy, Section 528 BNSS, Section 482 CrPC, Section 14A, Full Bench, withdrawal of application, return of certified copies.

What did the court decide?

Application dismissed as withdrawn with liberty to avail alternative remedy; certified copy of the F.I.R./order sheet to be returned to the applicants as per rule after retaining a photo-stat copy on the record.

Nizamuddin vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 43315 of 2025

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Nizamuddin

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.....Applicant(s)

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Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Safiullah
Counsel for Opposite Party(s)	: G.A.

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Court No. - 74

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HON'BLE DEEPAK VERMA, J.

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Heard learned counsel for the applicant and perused the record.

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The full Bench judgment passed in Ghulam Rasool Khan and others Vs. State of U.P. and others the Court in para-17 (iii) has held that Question No. (III) is answered in negative holding that the aggrieved person having remedy of appeal under Section 14A of the 1989 Act, cannot be allowed to invoke inherent jurisdiction of this Court under Section 482 Cr.P.C.

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