Neutral Citation No. - 2025:AHC:21860 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 13748 of 2024 Petitioner :- Brajesh Kumar Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Dinesh Yadav,Rajesh Yadav Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J. 1. Supplementary affidavit preferred on behalf of the petitioner is taken on record. 2. Heard learned counsel for the parties. 3. The present petition has been preferred with the following relief:- "to call for record and set aside the order dated 20.07.2024 passed by the Additional District and Sessions Judge, Court No. 07, Azamgarh in Criminal Revision No. 384 of 2023 C.N.R. No. UPAZ010007302020, Basdev Versus State of U.P. and Others, arising out of the order dated 06-06-2018 passed in Case No. 22/11, State Versus Besdev and Brajesh Kumar Under Section 145 Cr.P.C." 4. Learned counsel for the petitioner submitted that after examination of records and considering the Police report, the learned Sub-Divisional Magistrate, Phoolpur, District Azamgarh has found that the petitioner is in possession over the shop in dispute and affirmed the possession of the petitioner vide its order dated 06.06.2018. Being aggrieved with the order dated 06.06.2018, the respondent no. 4 has filed criminal revision no. 384 of 2023 before the Additional District and Session Judge but the same was allowed and remanded the matter vide order dated 20.07.2024. It is further submitted that while remanding the matter, the learned concerned court has not protected the possession of the petitioner in any manner, but the court below has ignored the practical impact of the matter. It is also submitted that the order has been passed in mechanical manner without considering the fact and circumstances of the case. 5. Per contra, learned AGA vehemently opposed the prayer as made in the petition on the ground that the aforesaid order has been passed after considering the material available on record. 6. In view of the aforementioned facts and circumstances, learned court of Sub-Divisional Magistrate, Phoolpur, District Azamgarh is hereby directed to decide/expedite the Case No. 22 of 2011, (State Versus Besdev and Brajesh Kumar), Under Section 145 Cr.P.C. preferably within a period of 6 months from the date of production of certified copy of this order, if there is no other legal impediment and without extended any unnecessary adjournment to either of the parties. Both the parties are hereby directed to extend full cooperation to the concerned court for achieving the directions as made above. 7. The instant petition stands disposed of accordingly. 8. Till final outcome of the proceeding as directed by learned revisional court in pursuance to Section 145(1)(4) Cr.P.C., status quo shall be maintained by both the parties. Order Date :- 14.2.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad