Dismissed¶11

Lorik Nishad and 3 Others v. State of U.P. and Another

Allahabad HC25 Nov 2025NA528/46760/2025

Case brief

AI extract

What is this about?

Allahabad High Court, Court No. 74; Application U/S 528 BNSS No. 46760 of 2025; Lorik Nishad and 3 others v. State of U.P. and another; counsel Chandan Kumar Jaiswal (applicants), G.A. (opposite party); Section 528 BNSS; Section 482 Cr.P.C. inherent jurisdiction; Section 14A of the 1989 Act appeal remedy; Full Bench judgment Ghulam Rasool Khan v. State of U.P. para-17(iii) applied; application dismissed as withdrawn; liberty to avail alternative remedy; return of F.I.R./order sheet; Deepak Verma J.; decided 25 November 2025.

What did the court decide?

Application dismissed as withdrawn, with liberty to avail alternative/appropriate remedy; certified copy of the F.I.R./order sheet to be returned to the applicants as per rule after retaining a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. ¶11

Lorik Nishad and 3 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶11

Issue for consideration

Whether the applicants may invoke the inherent jurisdiction of this Court under Section 482 Cr.P.C. (invoked here via Section 528 BNSS) despite possessing the remedy of appeal under Section 14A of the 1989 Act, in light of the Full Bench judgment in Ghulam Rasool Khan v. State of U.P.

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Court's answer

Acting on the Full Bench judgment in Ghulam Rasool Khan v. State of U.P. (para-17(iii)), this Court recognised that the applicants, having the remedy of appeal under Section 14A of the 1989 Act, could not be allowed to invoke the Court's inherent jurisdiction under Section 482 Cr.P.C., and accordingly permitted them to withdraw the application with liberty to avail appropriate remedy.

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Ratio / Principle

The application is dismissed as withdrawn with liberty to avail alternative remedy, and the certified copy of the F.I.R./order sheet is to be returned to the applicants after retaining a photo-stat copy on the record.

¶11

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Deepak Verma, J.), Application U/S 528 BNSS No. 46760 of 2025 — Lorik Nishad and 3 others v. State of U.P. and another (decided November 25, 2025): Acting on the Full Bench judgment in Ghulam Rasool Khan and others v. State of U.P. and others, wherein para-17(iii) answers Question No. (III) in the negative — an aggrieved person having the remedy of appeal under Section 14A of the 1989 Act cannot invoke the inherent jurisdiction of the Court under Section 482 Cr.P.C. — the Court permitted the applicants to withdraw the application and dismissed it as withdrawn with liberty to avail alternative remedy; certified copy of the F.I.R./order sheet ordered to be returned to the applicants after retaining a photo-stat copy on record.

Lorik Nishad and 3 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Lorik Nishad and 3 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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What the court decided

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