Neutral Citation No. - 2025:AHC-LKO:37775 Court No. - 13 Case :- MATTERS UNDER ARTICLE 227 No. - 3938 of 2025 Petitioner :- Shiv Shanker Ojha Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Petitioner :- Akhilesh Kumar Pandey Counsel for Respondent :- C.S.C.,Ajeet Kumar Mishra Hon'ble Saurabh Lavania,J. At the very outset, learned Counsel for the petitioner stated that inadvertently the proper necessary opposite party could not be arrayed in the memo of petition and as such he may be permitted to implead the proper opposite party. Learned State Counsel has no objection to the prayer made by the learned Counsel for the petitioner. Accordingly, the petitioner is permitted to implead the necessary opposite party during the course of the day. Heard. The present application has been filed for the following main relief:- "i. Issue an order or direction in the nature of certiorari to quash impugned the judgment and order dated 31.05.2025 passed by Additional District & Session Judge, Room No.2, District- Pratapgarh in criminal revision no.228/24 (Suresh Kumar Tiwari Vs. State of U.P. and others) as contained in Annexure No.1 to this petition. ii. Issue a writ order or direction in the nature of mandamus commanding the concern opposite parties not create any hindrance in piece full possession of the petitioner over the gata No.484K/0.113 hect. situated at Village-Multanipur, Pargana-Sadar, Tehsil-Lalganj, District- Pratapgarh, in the interest of justice." The order under challenge dated 31.05.2025 is a simplicitor order of remand passed by Additional District and Sessions Judge, Court No.2, Pratapgarh, passed in Criminal Revision No. 228 of 2024 (Suresh Kumar Tiwari Versus State of U.P. and another namely Shiv Shanker Ojha, the present petitioner. The order has been passed in exercise of power vested under Section 146 Cr.P.C. akin to Section 165 of BNSS. While passing the impugned order the revisional court considered the facts related to pending Civil Suit no. 96 of 2023 (Nagendra Prasad and Others Versus Shiv Shanker Ojha and Others) as also the facts related to possession of the side opposite over the property in issue. On being confronted after taking note of aforesaid as also the observations made by Hon'ble Apex Court in the judgment passed in the case of Ram Sumer Puri Mahant Vs. State of U.P. & others, AIR 1985 SC 472, Prakash Chand Sachdeva Vs. State and Another, AIR 1994 SC 1436, Jhummamal alias Devandas Vs. State of M.P. & others, AIR 1988 SC 1973, Amresh Tiwari Vs. Lalta Prasad Dubey and another, AIR 2000 SC 1504, Mohd. Shakir Vs. State of U.P., 2022 Live Law (SC) 727, M. Siddiq (Ram Janmabhumi Temple-5 J.) v. Suresh Das, (2020) 1 SCC 1, Sri Siddeshwar Temple Trust Committee v. Sri Malingaraya Temple Charitable Trust, (2020) 18 SCC 417 and Full Bench of this Court in the case of Ganga Bux Singh Vs. Sukhdin, AIR 1959 All 141, the learned Counsel for the petitioner says that justice would suffice, if the present petition is disposed of finally without interfering in the order impugned, with direction to the Magistrate concerned to conclude the proceedings within the period specified by this Court. The aforesaid prayer has not been opposed. Considering the aforesaid, without entering in the impugned simplicitor order of remand dated 31.05.2025, the present petition is disposed of with direction to the concerned Magistrate/opposite party no.3, to conclude the matter, most expeditiously, after affording full opportunity of hearing to the parties, but without granting any adjournment to either of the parties preferably within a period of three months from the date of production of a certified copy of this order, if there is no other legal impediment in this regard. With the aforesaid, the petition is disposed of. It is made clear that the Court has not examined the case of either of the parties on merits and the authority concerned shall be free to decide the matter strictly in accordance with law. Order Date :- 4.7.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench