Allahabad High Court
Saurabh Jaiswal vs State Of U.P. Thru. Addl. Chief Secy. ... on 29 May, 2025
Author: Manish Kumar
Bench: Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2025:AHC-LKO:32865 Court No. - 14 Case :- APPLICATION U/S 482 No. - 4240 of 2025 Applicant :- Saurabh Jaiswal Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Sectt. Lko Counsel for Applicant :- Prabhat Kumar Upadhyay,Sachin Jaiswal,Sumit Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
The present application under Section 482 Cr.P.C./ 528 BNSS has been preferred with the following prayer:
"this Hon'ble Court may be pleased to allow the petition, and further be pleased to set aside the order dated 23.12.2024 passed by Additional Chief Judicial Magistrate Barabanki in case No.2930 of 2016, crime No.162/ 2015, Under Section 147, 353, 336, 323, 332 I.P.C., Police Station - Loni Katra, District - Barabanki, whereby application of the petitioner for going to pilgrimage of Kailashmaan Sarowar, Ankorwat Temple (Kambodiya) is rejected without assigning any reason which is Annexure No.5 and further be pleased to direct the Additional Chief Judicial Magistrate Court No.19, Barabanki to re-consider the application dated 22.05.2024 moved by the petitioner for going on pilgrimage of Kailash Maansarowar and Ankorwaat Temple (Kambodiya) on any condition imposed by the court or to pass any other order which the Hon'ble Court deems just and proper in the facts circumstances for the case."
Learned A.G.A. has raised a preliminary objection regarding maintainability of the present application as the applicant has statutory alternative remedy for filing revision under Section 397 Cr.P.C./ 438 BNSS and Section 401/360 BNSS.
At this stage, learned counsel for the applicant has submitted that the applicant wants to withdraw the present application as dismissed as not pressed with liberty to file a revision.
As prayed, the application under Section 482 Cr.P.C./ 528 BNSS is dismissed as not pressed with liberty to file a revision or to take a remedy as may be permissible under the law.
Office is directed to return the certified copy of the order to the applicant after retaining the photocopy of the same on record.
Order Date :- 29.5.2025 S. Kumar