SMT. PADMA AWASTHI v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME DEPTT. LKO. AND 2 OTHERS
/104/2025 · 2025-01-08
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 114674 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 114674 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:1408 Court No. - 12 Case :- APPLICATION U/S 482 No. - 104 of 2025 Applicant :- Smt. Padma Awasthi Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. And 2 Others Counsel for Applicant :- Amrendra Singh Somvanshi,Abhishek Singh,Mohit Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard. The present application has been filed with the following prayer:
"to quashed the impugned revisional order dated 16.12.2024 passed by Additional Sessions Judge, Court No.6, District-Lakhmpur Kheri, in Criminal Revision No.38 of 2024, "Vidya Sagar & another Vs. Padma Awasthi", as contained Annexure No.1 to this petition, in the interest of justice." At the very outset, learned A.G.A. has stated that the order impugned is a simplicitor order of remand, as such, the present application is not liable to be entertained.
Learned counsel for the applicant, however, tried to satisfy this Court that the remand order, in issue, is liable to be interfered with. Considered the submissions advanced by the counsel for the parties and perused the impugned order. From the impugned order dated 16.12.2024 itself reflects that the same is a simplicitor remand order as in the same no finding has been recorded, which can prejudice the case of the applicant before the Magistrate to which the matter has been remanded. It is settled principle of law that the order of remand can only be interfered with if in it the finding(s) have been recorded which would affect the rights of the parties after remand. However, in the instant case, the order of remand dated 16.12.2024 is simplicitor remand order and in this, no finding has been recorded so as to prejudice the rights of the petitioner before the Court concerned. As such, the order impugned is not liable to be interfered with by this Court.
For the reasons aforesaid including that the order impugned dated 16.12.2024 is simplicitor remand order and law on the subject, this Court is not inclined to entertain the present application. It is, accordingly, dismissed. Before parting it would be appropriate to observe that it is expected from the Court concerned to decide the case, in issue, expeditiously.
Order Date :- 8.1.2025 Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench