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2025 DAILYLAW 160537 (ALL)

DEVESH SINGH v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 2 OTHERS

NA528/1089/2025 · 2025-09-03

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1089 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J. Heard Sri Harish Chandra, Advocate, who appeared alongwith Sri Rakesh Kumar Singh, Advocate for the applicant, Sri Badrul Hasan, learned AGA for the State of U.P. and Sri Prabhakar Vardhan Chaudhary, Advocate, who filed Vakalatnama on behalf of the opposite party No. 2 in the Court today, which is taken on record, as well as perused the record. In view of order proposed to be passed, notice to the private opposite party No. 3 is dispensed with. The instant application has been preferred seeking following main relief(s):- "For the facts, reasons and circumstances as stated in the accompanying affidavit, this Hon'ble Court may kindly be pleased to quash the impugned order dated 20.02.2025 and order dated 07.04.2025 passed upon the application dated 03.03.2025 passed by the learned Additional District & Session, Judge, F.T.C. Ist, Ayodhya in Criminal Revision No. 126/2024, "Smt Rukmini Singh Vs. State of U.P." and further be pleased to quash the entire proceeding of Criminal Revision No. 126/2024, "Smt Rukmini Singh Vs. State of U.P.", in the interest of justice. It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceeding of Criminal Revision No. 126/2024, "Smt Rukmini Singh Vs. State of U.P." during the pendency of present petition, pending Versus Counsel for Applicant(s) : Harish Chandra, Rakesh Kumar Singh Counsel for Opposite Party(s) : G.A. Devesh Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 2 Others .....Opposite Party(s) before the learned Additional District & Session Judge, F.T.C. Ist, Ayodhya, in the interest of justice." After considering the facts, as indicated, including that the cost awarded by the Additional Sessions Judge/FTC-Ist, Ayodhya (in short "Revisional Court") vide impugned order dated 20.02.2025 passed in Criminal Revision No. 126/2024 (Smt Rukmini Singh Vs. State of U.P.), which finds favour to the applicant, has already been received by the applicant, on being confronted, the learned counsel for the applicant says that the present application be dismissed as withdrawn in so far as it relates to the impugned order dated 20.02.2025 and he may be permitted to put forth the case with regard to the order, under challenge, dated 07.04.2025 passed by the Revisional Court on the application dated 03.03.2025 preferred in the said revision. The order dated 07.04.2025 reads as under:- "सुना। प्रा० पत्र न्यायालय आदेश के अनुपालनाथर् प्रस्तुत है। अतः न्यायिहत मे स्वीकृ त।" In regard to the order dated 07.04.2025, whereby, the Revisional Court permitted the power of attorney holder namely Shivendra Pratap Singh s/o Awadhesh Pratap Singh to pursue the case, it is stated that the same is not in consonance with the judgment passed by the Hon'ble Apex Court in the case of Simranjit Singh Mann vs. Union of India and another reported in (1992) 4 SCC 653. Learned counsel appearing for the side opposite could not dispute the aforesaid. In view of the aforesaid, the order impugned order dated 07.04.2025 is set-aside. The instant application is allowed in part. September 3, 2025 Arun/- NA528 No. 1089 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench