Amar Bhatnagar @ Putti Lal And 2 ... vs State Of U.P. And Another
2023 Latest Caselaw 3269 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 72
 

 
Case :- APPLICATION U/S 482 No. - 40319 of 2022
 

 
Applicant :- Amar Bhatnagar @ Putti Lal And 2 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Lal Mani Singh,Praveen Kumar Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Umesh Chandra Sharma,J.

Heard learned counsel for the applicants and learned A.G.A. for the State.

This application has been moved for quashing the order dated 13.10.2022 passed by Special Judge SC/ST Act, Kanpur Nagar, in S.T. No. 2170 of 2020 arising out of Case Crime No. 569 of 2020 under Section 498-A, 304-B IPC and Section 3/4 DP Act, Police Station- Barra, District- Kanpur Nagar.

At the very outset, learned A.G.A. contends that the present petition U/S 482 Cr.P.C. is not maintainable as against the impugned order the forum of revision under Section 397Cr.P.C. is available. In support of his argument, learned A.G.A. has placed reliance on the judgment of this Court dated 8.1.2021 passed in Application U/S 482 No. 18108 of 2020 (Atul Pandey Alias Param Pragyan Pandey Vs. State of U.P. And Another), wherein it has been held that "the application under Section 482 Cr.P.C. is accordingly dismissed on the ground of existence of alternative remedy of filing a revision under section 397 Cr.P.C. available to the applicant."

Confronted with the position, learned counsel for the applicants prays for and is permitted to withdraw the petition to avail the aforesaid remedy.

In view of the above, the petition is dismissed as withdrawn.

Office is directed to return the certified copies of the relevant papers/documents.

Order Date :- 1.2.2023

S.Verma