Surendra Kumar Tiwari v. State Of U.P. Thru. Prin. Secy. Home Lko

Heard learned counsel for the applicant and Sri Rao Narendra Singh, learned AGA appearing for the State. Present case has been filed under Section 482 Cr.P.C./528 B.N.S.S. with following main prayer:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceeding i.e. impunged order dated 24.03.2025 passed by the Additional Civil Judge (JD) IIIrd/Judicial Magistrate, District Raebareli as well as Charge Sheet No. 16 of 2022 dated 15.01.2022 & Crl. Misc Case No. 28223 of 2022 arising out of Case Crime No. 139 of 2021 dated 10.12.2021 under Section 406, 419, 420, 323, 504 & 506 IPC at Police Station Fursatganj, District Amethi, in the interest of of justice. " Learned AGA has raised a preliminary objection regarding the maintainability of the present application as the applicant have a statutory alternative remedy to file a revision under Section 397 Cr.P.c./438 B.N.S.S. In this regard, he placed reliance upon a judgment of Hon'ble Supreme Court in the case of Madhu Limaye v. State of Maharashtra, (1977) 4 SCC 551. Reliance has also been placed upon the judgments of this Court as well in the cases of Shailendra Agrawal and another Vs. State of U.P. and another (Application U/s 482 No. 24354 of 2023), judgment and order dated 17.08.2023, Nitin Tiwari and Ors. Vs. State of U.P. And others, 2024 (1) ADJ 885 and Ram Shanker Singh Vs. State of U.P. and others 2017 (6) ALJ 680. After arguing at some length, learned counsel for the applicant has submitted that the 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 is dismissed as not pressed with liberty, as aforesaid. Order Date :- 5.5.2025 Ashish