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2025 DAILYLAW 155273 (ALL)

GHAN SHYAM MISHRA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER

NA528/884/2025 · 2025-08-18

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:48049 Court No. - 14 Case :- APPLICATION U/S 528 BNSS No. - 884 of 2025 Applicant :- Ghan Shyam Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Kazim Ibrahim,Tanuj Singh Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. Since the innocuous prayer is made for deciding the interim relief application, therefore, the notice to the opposite party no.2 is hereby dispensed with. 3. Instant application under Section 482 Cr.P.C./ 528 BNSS has been filed with the following prayer:- "WHEREFORE, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to stay the operation and implementation of order dated 30.06.2025 passed under Section 152 of BNSS by Sub Divisional Magistrate, Nawabganj, Barabanki in Case No. 5666/2025, Computerized Case No. T202504120105666 (Indus Towers Limited vs. Sarla Mishra) (Contained in Annexure No. 12) during the pendency of interim relief application as well as the Criminal Revision No. 4729 of 2025 filed before Learned Sessions Judge, Barabanki challenging the order dated 30.06.2025 wherein vide order dated 04.07.2025, the Learned Sessions Judge, Barabanki without disposing or passing any order on the interim relief application issued notice to opp. party no. 2 and fixed the case for hearing on 05.08.2025." 4. It is submitted by learned counsel for the applicant that on 30.06.2025, the Sub-Divisional Magistrate, Nawabganj, Barabanki passed an order under Section 152 of BNSS against the applicant and the same was challenged before the learned Sessions Judge, Barabanki in Criminal Revision No. 4729 of 2025. He submits that the revision is admitted, notices are issued but interim relief application is not decided. He submits that the proceeding before the learned Sessions Judge would of no avail, unless the order passed by the Sub-Divisional Magistrate is stayed. He submits that if the order is passed by the Sub-Divisional Magistrate is complied with, the purpose of instituting the revision would be frustrated. Therefore, submission is that the learned Sessions Court may be directed to decide the interim relief application pending with the revision within the stipulated period of time as may fixed by this Court. 5. Learned counsel appearing for the State has no objection. 6. Considering the submission of learned counsel for parties and without entering into the merits of the case, the learned Sessions Judge is directed to decide the interim relief application pending, if any, in Criminal Revision No. 4729 of 2025, within a period of thirty days, if so possible, from the date a certified copy of this order is produced before it, while affording the opportunity of hearing to all concerned. 7. In view of the aforesaid, the instant application is hereby disposed of. Order Date :- 18.8.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench