Dismissed¶13

Dr Durgvijay Bharti v. State of U.P. and Another

Allahabad HC23 Feb 2025NA528/5791/2025

Case brief

AI extract

What is this about?

Withdrawal of application under S. 528 BNSS before Allahabad High Court challenging CJM Mau order dated 22.10.2024 under S. 173(4) BNSS in Criminal Application No. 666 of 2024 re registration of FIR, P.S. Kopaganj, District Mau; revisability argued on basis of Full Bench ruling in Jagannath Verma v. State of U.P. 2014 (8) ADJ 439 (referred by counsel, not ruled upon); application dismissed as withdrawn with applicant to pursue appropriate remedy.

What did the court decide?

Prayer allowed; application under Section 528 BNSS dismissed as withdrawn, enabling the applicant to seek the appropriate remedy available under law; certified copy, if any, to be returned as per rules. ¶13

Dr Durgvijay Bharti Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

¶1

Neutral Citation No. - 2025:AHC:26045

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Court No. - 78

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Case :- APPLICATION U/S 528 BNSS No. - 5791 of 2025

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Applicant :- Dr Durgvijay Bharti Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mirza Ali Zulfaqar Counsel for Opposite Party :- G.A.

¶5

Hon'ble Samit Gopal,J.

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List revised.

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Heard Sri Mirza Ali Zulfaqar, learned counsel for the applicant and Sri Ajay Singh, learned A.G.A.-I for the State and perused the records.

¶8

The present application U/S 528 B.N.S.S. has been filed by the applicant- Dr Durgvijay Bharti with the following prayer:-

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"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and set aside the order dated 22.10.2024 in Criminal Application No. 666 of 2024 (Dr. Durgvijay Bharti Vs. Asrunisha) passed by Chief Judicial Magistrate, Mau, under Section 173 (4) of B.N.S.S., Police Station Kopaganj, District Mau.

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It is further prayed that this Hon'ble Court may graciously be pleased to direct the Chief Judicial Magistrate, Mau to passed a fresh order for registratio of the first information report in accordance with law.

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And / or may be pleased to pass such further and suitable order as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case."

¶12

Learned counsel for the applicant submits that the order impugned is revisable in view of the judgement of a Full Bench of this Court in the case of Jagannath Verma Vs. State of U.P.: 2014 (8) ADJ 439 . He submits that the present application be dismissed as withdrawn as he intends to seek the appropriate remedy available under law.

¶13

The prayer is allowed, the present application U/S 528 B.N.S.S. is dismissed as withdrawn.

¶14

Certified copy, if any, be returned as per rules.

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Order Date :- 24.2.2025 AS Rathore

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(Samit Gopal,J.)

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Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad

Dr Durgvijay Bharti v. State of U.P. and Another

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Dr Durgvijay Bharti v. State of U.P. and Another

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