Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 133204 (ALL)

RADHEYSHYAM VAISHYA AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME AND 3 OTHERS

A227/1994/2025 · 2025-04-08

Rajnish Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:19701 Court No. - 11 Case :- MATTERS UNDER ARTICLE 227 No. - 1994 of 2025 Petitioner :- Radheyshyam Vaishya And 2 Others Respondent :- State Of U.P. Thru. Prin. Secy. Home And 3 Others Counsel for Petitioner :- Rajesh Kumar Singh Counsel for Respondent :- G.A. Hon'ble Rajnish Kumar,J. This petition has been taken up today on an urgency shown by learned counsel for the petitioners yesterday. On an objection raised by learned Additional Government Advocate, learned counsel for the petitioners submits that he does not want to press prayer no.2 and the petition may be dismissed for the said prayer. To which there is no objection by learned A.G.A. In view of above the petition is dismissed for prayer no.2. Now it survives only for prayer no.1. Learned counsel for the petitioners submits that property in dispute was purchased by the petitioner no.1 and respondent no.4 together, who are real brothers. The petitioners are residing in the portion in regard to which the proceedings under Section 145 Cr.P.C. were instituted by respondent no.4. Learned Sub-Divisional Magistrate concerned without considering the objection raised by the petitioners has passed the order dated 12.03.2025 in the proceedings under Section 145 Cr.P.C. bearing Case No.4475 of 2024; Ramshankar Versus Radheyshyam and others. The petitioners challenged the said order in revision No.61 of 2025 before the Sessions Judge, Pratapgarh. Though the Sessions Judge has admitted the revision but failed to consider the application for interim relief, whereas today is the date fixed for compliance of the order dated 12.03.2025. However the said order has not been placed on record. Thus the submission is that the revisional court may be directed to consider and decide the interim relief application at an early date. To which there is no objection by learned A.G.A.. Considering the nature of order proposed to be passed issuance of notice to respondent no.4 is dispensed with. Without entering in to the merits of the case, the petition is disposed of with liberty to the petitioners to move application for expeditious disposal of the application for interim relief filed alongwith the revision, if any, showing the grounds of urgency. In case any such application is moved within a period of three days from today, the same shall be considered by the concerned court looking into the urgency shown by the petitioners and an endeavour may be made to decide the application at an early date in accordance with law. . .. .................................... (Rajnish Kumar,J.) Order Date :- 8.4.2025 Banswar Digitally signed by :- RAM NARESH BANSWAR High Court of Judicature at Allahabad, Lucknow Bench