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2025 DAILYLAW 149267 (ALL)

UDAI BHAN SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME. LKO and OTHERS

CRLP/30910/2019 · 2025-07-17

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:40917 Court No. - 13 Case :- CRIMINAL MISC. WRIT PETITION No. - 30910 of 2019 Petitioner :- Udai Bhan Singh Respondent :- State Of U.P. Thru. Prin. Secy. Home. Lko And Others Counsel for Petitioner :- Manoj Kumar Singh,Devendra Pratap,Shashank Shekhar Singh Counsel for Respondent :- Govt. Advocate,Hom Narayan Awasthi Hon'ble Saurabh Lavania,J. Heard. The present application has been filed with the following prayer: "i. issue a writ order or direction in the nature of certiorari to quash the impugned order dated 23.10.2019 passed by the Sessions Judge Baharich, Distt.-Baharaich, in Criminal Revision No. 214/2019 Chandra Prakash @ Pappu and others versus state of U.P & Others, contained as Annexure No. 1. In the interest of justice. ii. issue a writ order or direction in the nature of mandamus to stay the operation to the effect the order dated 23.10.2019 passed by the Sessions Judge Baharich, Distt.-Baharaich, in Criminal Revision No. 214/2019 Chandra Prakash @ Pappu and others versus state of U.P & Others, during pendency of the instant writ 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 petitioner, 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 23.10.2019 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 petitioner before the learned Court 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 23.10.2019 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 23.10.2019 is simplicitor remand order and law on the subject, this Court is not inclined to entertain the present petition. 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 :- 17.7.2025 Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench