KAUSHAL KISHOR PANDEY v. State of U.P. AND 8 OTHERS
A227/14524/2024 · 2025-08-20
Nand Prabha Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 107718 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 107718 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:143662 Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 14524 of 2024 Petitioner :- Kaushal Kishor Pandey Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Ashwani Kumar Yadav,Ray Sahab Yadav Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record. The present petition under Article 227 of the Constitution of India has been filed with the following reliefs:-
"a) issue a writ order or direction in the nature of CERTIORARI quashing the impugend order dated 03.08.2024 passed by Additional District Judge, Court No.3, Ballia in Criminal Revision No.150 of 2021 (Kaushal Kishor Pandey Vs. State of U.P. and Others) and the order dated 01.09.2021 passed by Judicial Magistrate-II, Ballia in Case No. 361 of 2020 (Kaushal Kishor Pandey Vs. Awadhesh Mishra & Others. b) issue a writ order or direction in the nature of MANDAMUS directing the S.H.O. Banshdeep, Ballia for lodging the first information report against the accused persons i.e. respondent no. 4 to 8 in appropriate section." It has been submitted by learned counsel for the petitioner that the petitioner had moved an application under Section 156(3) of Cr.P.C., which was treated as a complaint case by the Judicial Magistrate-II, Ballia vide order dated 01.09.2021. Against the said order, the petitioner preferred a Criminal Revision, which was rejected vide order dated 03.08.2024. Per contra, learned A.G.A. for the State has submitted that Section 202(1) Cr.P.C. empowers the Magistrate to make an enquiry or direct an investigation to be made by a police officer. Considering the aforesaid facts, the matter is remitted back to the court concerned with a direction to pass fresh order as expeditiously as possible, in accordance with the procedure provided under Section 202(1) Cr.P.C. With the aforesaid direction, the petition is disposed of. Order Date :- 21.8.2025 Radhika Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad