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2025 DAILYLAW 13933 (ALL)

RAM SAGAR SINGH AND ANOTHER v. STATE OF U.P. AND ANOTHER

A482/6879/2021 · 2025-09-18

Dinesh Pathak

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 6879 of 2021 Court No. - 73 HON'BLE DINESH PATHAK, J. 1. Heard learned counsel for the opposite party No.2 as well as learned A.G.A. for the State. None is present for the applicants. 2. Applicants have invoked the inherent jurisdiction of this Court under Section 428 Cr.P.C. for quashing the order dated 09.12.2020 passed by Sessions Judge, Deoria in Criminal Revision No. 92/2020 (C.N.R. No. U.P.D.E.O.10034472020), Radhey Shyam Singh Vs. Ram Sagar Singh and Others; and stay the further proceedings in Case No. 05856 of 2018 (T201805200205856) Ram Sagar Singh Vs. Radhey Shyam and Others u/s 133 Cr.P.C. pending in the court of Sub-Divisional Magistrate Salempur, District- Deoria. 3. Instant matter has arisen from proceeding u/s 133 Cr.P.C. Perusal of order impugned dated 09.12.2020 reveals that learned Sessions Judge, Deoria has remanded the proceeding before the court below to decide the application u/s 133 Cr.P.C. afresh. Learned counsel for the O.P. No.2 submits that in compliance of the order dated 09.12.2020, learned Sub-Divisional Magistrate, Deoria has again decided the application u/s 133 Cr.P.C., vide order dated 06.03.2023. Having been aggrieved with the said order dated 06.03.2023, O.P. No.2 has filed a revision, being Criminal Revision No. 112 of 2023. Learned Sessions Judge, Deoria, by order dated 27.06.2023, has allowed the aforesaid revision and relegated the parties again before the court below and directed the court below to decide the proceeding afresh. He has adduced a photostat copy of the order dated 27.06.2023, whereby Versus Counsel for Applicant(s) : Dhirendra Singh, R.P.Singh Counsel for Opposite Party(s) : Digambar Dwivedi, G.A., Surendra Mohan Mishra Ram Sagar Singh And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) learned Sessions Judge, Deoria has allowed the aforesaid Criminal Revision No. 112 of 2023. 4. In this conspectus above, instant application has become infructuous, inasmuch as the remand order dated 09.12.2020 has been complied with and in pursuance thereof, proceeding under Section 133 Cr.P.C. has been decided by order dated 06.03.2023. 5. Resultantly, instant application u/s 482 is dismissed as infructuous. September 19, 2025 Sumit K. A482 No. 6879 of 2021 2 (Dinesh Pathak,J.) Digitally signed by :- SUMIT KUMAR High Court of Judicature at Allahabad