Neutral Citation No. - 2025:AHC:27435 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 1015 of 2025 Petitioner :- Ashok Kumar Respondent :- The State Of U.P. And Another Counsel for Petitioner :- Murali Manohar Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Murali Manohar, learned counsel for petitioner and learned AGA. 2. By means of present petition, petitioner is seeking the following relief:- "(i) issue a writ, order or direction in the nature of certiorari quashing the impugned revisional order dated 16.10.2024 passed by learned Sessions Judge, District Kannauj in Criminal Revision No.96 of 2024 (Rajeev Dubey Vs. State of U.P. and another) by which the summoning order dated 02.08.2024, u/s 323, 504, 354 IPC in Complaint No.27 of 2023, has been cancelled against respondent no.2 and remanded back to pass fresh and reasoned order. (ii) issue a writ, order or direction in the nature of mandamus directing the District and Sessions Judge, Kannauj to upheld the validity of summoning order dated 02.08.2024 passed by learned Trial Magistrate u/s 323, 504, 354 IPC against respondent no.2 in Complaint No.27 of 2023 (Ashok Kumar Vs. Rajeev Dubey)." 3. It is the case of petitioner that he moved an application under Section 156(3) Cr.P.C. in pursuance of incident dated 23.08.2022 against respondent no.2 which was treated as complaint case whereupon statements under Section 200 and 202 were recorded and considering the same, learned court concerned summoned the respondent no.2 under Section 323, 504, 354 IPC vide order dated 02.08.2024. Being aggrieved with the summoning order dated 02.08.2024, respondent no.2 preferred Criminal Revision No.96 of 2024 which was allowed by learned revisional court vide order dated 16.10.2024 by way of setting aside the summoning order and remitted the matter back to learned court concerned to pass fresh order in light of the observations made in the revisional order which impugned the present petition. 4. Learned counsel for petitioner submitted that respondent no.2 ill treated, abused and threatened family members of petitioner and considering the said facts as well as statements recorded under Section 200 and 202 Cr.P.C., learned court concerned found prima facie case is made out against respondent no.2 and rightly summoned the respondent no.2 vide its order dated 02.08.2024, but learned revisional court set aside the said summoning order over the criminal revision preferred by respondent no.2 only on the ground that summoning order is not a reasoned one, whereas the same has been passed by learned court concerned after perusal of the material available before it and as such, revisional order may be set aside being bad in the eye of law. 5. Per contra, learned AGA vehemently opposed the prayer made in the petition and rebutted the stand taken up by learned counsel for petitioner by way of submitting that order dated 16.10.2024 is just and proper since the same has been passed after perusal of the contents available in the statements recorded under Section 200 and 202 Cr.P.C. 6. After having the rival submissions raised by learned counsel for parties and perusal of the order dated 16.10.2024 passed by learned revisional court, it appears that the same has been passed on the ground that order of issuance of process is not an empty formality and the same has to be passed after due consideration of material available on record and also it should be a reasoned one, and as such, it cannot be said that learned revisional court have acted without application of mind, the reasoning given by it, are just and proper. But while passing the order dated 16.10.2024, learned revisional court remitted the matter back to the concerned court for passing fresh order without fixing the period to the extent that fresh order shall be passed in how much time and as such, order dated 16.10.2024 is hereby modified to the extent that fresh order over Complaint No.27 of 2023 (Ashok Kumar Vs. Rajeev Dubey) be passed strictly within a period of two months from the date of presentation of a certified copy of this before learned court concerned. 7. Accordingly, the present petition stands disposed of. Order Date :- 27.2.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad