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2025 DAILYLAW 159673 (ALL)

PUTTI LAL v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

CRLP/7790/2025 · 2025-08-26

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 7790 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. Heard Shri Abdul Samad, Learned Counsel for the petitioner, as also Shri Veerendra Kumar, Learned Addl. Government Advocate-1st, for the state, and perused the record. The petitioner has challenged the validity of the judgment and order dated 7-7-2025, passed by the Additional Sessions Judge-5th/Special Judge (Gangster Act), Raebareli, in Criminal Revision Number 371 of 2023, whereby the Revisional Court has set aside an order dated 27-10-2023, passed by the Sub Divisional Magistrate, Salon, Raebareli, in Case Number 151 of 2017, under Section 133 CrPC, and has remanded the matter to be decided afresh after giving an opportunity to the parties to file objections and lead evidence. As the impugned order has merely remanded the matter for being decided afresh by the Sub Divisional Magistrate after giving full opportunity of hearing to the parties, the petitioner has opportunity to present his case along with relevant evidence before the Sub Divisional Magistrate. In these circumstances, the remand order does not cause any injustice or prejudice to the petitioner warranting interference by this Court in exercise of its power of superintendence. The writ petition lacks merit and the same is hereby dismissed. August 26, 2025 A.Nigam Versus Counsel for Petitioner(s) : Abdul Samad, Divya Singh, Sunil Sharma Counsel for Respondent(s) : G.A. (Subhash Vidyarthi,J.) Putti Lal .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Respondent(s) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench