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2025 DAILYLAW 108367 (ALL)

PHOOLWATI v. STATE OF U.P. AND 3 OTHERS

CRLR/6250/2024 · 2025-09-16

Harvir Singh

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 6250 of 2024 Court No. - 93 HON'BLE HARVIR SINGH, J. 1. Heard learned counsel for the revisionist, learned A.G.A for the State, learned counsel for the opposite party nos. 2 to 4 and perused the material on record. 2. The present revision has been filed by the revisionist against the order dated 15.10.2024 passed by the learned Sessions Judge, Sambhal, at Chandausi. The said order dated 15.10.2024 has been passed in respect of order dated 06.02.2021 passed by the learned Judicial Magistrate, Sambhal, at Chandausi. The learned Sessions Judge, Shambhal, at Chandausi vide order dated 15.10.2024 quashed the order dated 06.02.2021 passed by the learned Judicial Magistrate, Sambhal, at Chandausi in Revision No. 27 of 2022 (Rajendra Maurya and 2 Others Vs. State of U.P. and Another) and the learned Judicial Magistrate, Sambhal, at Chandausi was directed to consider the matter afresh and pass the order in accordance with law. 3. Per contra, learned counsel appearing on behalf of the opposite party nos. 2 to 4 has submitted that order dated 15.10.2024 under challenge has been quashed in revision against the order passed by the learned Judicial Magistrate, Sambhal, at Chandausi and therefore, the present revision is not maintainable in terms of Section 397(3) Cr.P.C., the same is liable to be dismissed on the point of maintainability. 4. Having regard to the fact that, the present revision has been filed in respect of an order, which has been passed in revision against the order of learned Judicial Magistrate, Sambhal, at Chandausi and the matter is still pending with the learned Judicial MagistrateSambhal, at Chandausi. Since it has been directed by the learned Sessions Judge, Sambhal, at Chandausi that the learned Judicial Magistrate, Sambhal, at Chandausi shall pass an order afresh. In the event, an order has already been passed or likely to be passed Versus Counsel for Revisionist(s) : Jai Karan Nath Counsel for Opposite Party(s) : G.A., Vivek Kumar Singh Phoolwati .....Revisionist(s) State Of U.P. And 3 Others .....Opposite Party(s) by the learned Judicial Magistrate, Sambhal, at Chandausi, it shall remain open to either of the parties, if so aggrieved, challenge the same in appropriate proceedings. It is expected that the learned Magistrate, Sambhal, at Chandausi shall pass an order in a reasonable period of time. 5. The present revision is dismissed being non maintainable. September 17, 2025 Vikram CRLR No. 6250 of 2024 2 (Harvir Singh,J.) Digitally signed by :- VIKRAM SINGH High Court of Judicature at Allahabad