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2025 DAILYLAW 108759 (ALL)

RAM CHANDRA v. STATE OF U.P. AND 3 OTHERS

A227/15488/2024 · 2025-05-20

Nand Prabha Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:85615 Court No. - 81 Case :- MATTERS UNDER ARTICLE 227 No. - 15488 of 2024 Petitioner :- Ram Chandra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Keshawa Prasad Pandey,Krishna Chandra Pandey Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioner, learned AGA 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: "(i) Set aside the impugned order dated 06.06.2024 passed by learned Additional Sessions Judge Bansi, Siddharth Nagar in Criminal Revision No. 33 of 2024 (Ram Chandra vs. State of U.P. & others) and order dated 14.2.2024 passed by learned Civil Judge, Junior Division/Judicial Magistrate Bansi, District Siddharth Nagar in Criminal Misc. Case No. 163 of 2023 (Ram Chandra vs. Ram Sajan Yadav and others) u/s 156(3) Cr.P.C., Police Station Kotwali Bansi, District Siddharth Nagar (Annexure No. 6 & 4) to the writ petition. (ii) Any suitable order and further order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case. (iii) Award the cost of the writ petition in favour of the petitioner." It has been submitted by learned counsel for the petitioner that the application moved by the petitioner under Section 156(3) Cr.P.C. has been rejected vide order dated 14.2.2024 without application of mind in a cursory manner and without considering the allegations on merit though prima facie from the reading of the application cognizable offence is made out. The revision filed against the said order, has also been rejected. Considering the submission made by the learned counsel for the petitioner and in the light of the judgement of the Hon'ble Apex Court in Lalita Kumari vs. Government of Uttar Pradesh and Others, (2014) 1 SCC (Cri) 524, it is hereby directed that in case the petitioner moves a fresh application under Section 175(3) BNS before the appropriate Court within two weeks, the same shall be heard and decided expeditiously, in accordance with law, within two months. With the aforesaid direction/observation, the instant petition is disposed of. Order Date :- 21.5.2025 Puspendra Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad