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2025 DAILYLAW 110255 (ALL)

HARISH TIWARI AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

A227/15518/2024 · 2025-03-03

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:30848 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 15518 of 2024 Petitioner :- Harish Tiwari And 2 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Dharmendra Kumar Shukla Counsel for Respondent :- G.A.,Vinay Kumar Mishra Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. The instant petition has been preferred for challenging the order 08.08.2024 passed by learned Additional Civil Judge (Senior Division), Court No.3/Additional Chief Judicial Magistrate, Gorakhpur in Misc. Application (Subhash Tiwari Vs. Sarvesh Tiwari @ Kundan and Others) arising out of NCR No.118 of 2011, under section 504, 506 I.P.C., P.S. Badhalganj, District Gorakhpur, through which learned court concerned directed the police station concerned to proceed in NCR No.118 of 2011 further in accordance with law as well as order dated 20.11.2024 passed by learned Additional Session Judge, Court No.4, Gorakhpur in Criminal Revision No.240 of 2024 (Harish Tiwari and Others Vs. State of U.P. and Another), through which above order dated 08.08.2024 has been upheld. 3. At the very outset, learned A.G.A. has raised a preliminary objection by way of submitting that there is hardly any infirmity involved in the impugned order, since the investigation which has been directed by learned court concerned is is in pursuance to cognizable offence, which has already been registered in shape of NCR, but earlier the investigation has not been carried out under the impression that section 506 I.P.C. is non-cognizable offences, which is contrary to the Uttar Pradesh Government Notification No.777/VIII-94(2)-87 dated 02.08.1998. 4. When confronted with above, learned counsel for the petitioners could not overcome the same. 5. The instant petition stands dismissed accordingly. Order Date :- 4.3.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad