JITENDRA PRATAP SINGH v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME / PRIN. SECY. HOME LKO. AND ANOTHER
CRLR/873/2025 · 2025-08-12
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 157378 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 157378 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:47111 Court No. - 11 Case :- CRIMINAL REVISION No. - 873 of 2025 Revisionist :- Jitendra Pratap Singh Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home / Prin. Secy. Home Lko. And Another Counsel for Revisionist :- Nadeem Murtaza,Harsh Vardhan Kediya,Snigdha Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J.
1. Heard.
2. The present revision has been filed for the following main relief:-
"WHEREFORE, it is most respectfully prayed that impugned Judgment and Order dated 09.05.2025, passed by the Learned Court of Special Judge, (POCSO) Act, Balrampur whereby in Criminal Revision No. 114/2024 (Gopal Krishna Kaushik (Sharma) v. State & Anr.) pending under Sections 438, 440 Bharatiya Nagarik Suraksha Sanhita, 2023, whereby the Learned Court of Special Judge, (POCSO) Act, Balrampur has allowed the Revision Application dated 03.09.2024 preferred by the Opposite Party No.2 and the Order dated 16.08.2024 passed by the Learned Court of Chief Judicial Magistrate, Balrampur was set aside, may kindly be quashed."
3. The order under challenge dated 09.05.2025 is an order of remand passed by Special Judge (POCSO) Act, Balrampur passed in Criminal Revision No.114 of 2024 (Gopal Krishna Kaushik (Sharma) Vs. State and Another). The order has been passed in exercise of power vested under Section 175 (3) of BNSS.
4. On being confronted after taking note of aforesaid as also the observations made by Hon'ble Apex Court in various pronouncements related to causing interference in an order of remand, the learned counsel for the revisionist says that justice would suffice, if the present revision is disposed of finally without interfering in the order impugned, with direction to the Magistrate concerned to pass fresh order without being influenced by any observation made in the order dated 09.05.2025 and conclude the proceedings within the period specified by this Court.
5. The aforesaid prayer has not been opposed.
6. In view of aforesaid, without entering in the impugned order of remand dated 09.05.2025, the present revision is disposed of with direction to the concerned Magistrate, to conclude the matter, most expeditiously, preferably within a
period of two months from the date of production of a certified copy of this
order, if there is no other legal impediment in this regard. It is also provided that the Magistrate shall pass fresh order in terms of order dated 09.05.2025 without being influenced by any of the observation made therein.
7. 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 :- 12.8.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench