KRISHNA KUMAR CHATURVEDI @ KRISHAN KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
CRLP/8174/2025 · 2025-09-09
Subhash Vidyarthi
Special Leave Petitionbody2025
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[ 2025 DAILYLAW 161306 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 161306 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8174 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Sanjay Tripathi, the learned counsel for the petitioner, Sri Ashok Kumar Srivastava, learned A.G.A for the State and Sri Chandan Srivastava, the learned counsel for the opposite party no.2. 2. By means of the instant petition filed under Article 226 of Constitution of India, the petitioner has challenged the validity of an order dated 15.10.2024 passed by the learned Additional Civil Judge (Junior Division) IInd/ Judicial Magistrate, Faizabad in Case No. 1396 of 2024, whereby the trial court has summoned the petitioner for facing trial of the offences under Sections 419, 420 I.P.C. The petitioner had challenged the aforesaid order by filing Criminal Revision No. 331 of 2024 which has been dismissed by means of a judgment and order dated 02.08.2025 passed by the learned Additional Session Judge/F.T.C-II, Ayodhya and the validity of the revisional order has also been assailed through this writ petition. 3. The learned counsel for the opposite party no.2 has raised a preliminary objection that as per the law laid down by the Hon'ble Supreme Court in the case of Neeta Singh and others Vs. State of U.P. and others, in SLP (Crl.) No. 13578 of 2024, decided on 15.10.2024, a judicial order that passed by a civil court or by the criminal court cannot be challenged in a writ petition under Article 226 of the Constitution of India. He has submitted that the petitioner can challenged the impugned orders by filing a petition under Section 482 Cr.P.C/528 B.N.S.S. 4.Confronted with the aforesaid objection, the learned counsel for the petitioner states that he may be given liberty to file a fresh petition under the aforesaid provision. Versus Counsel for Petitioner(s) : Rajesh Kumar Pandey, Sanjay Tripathi Counsel for Respondent(s) : G.A., Abhishek Pratap Singh, Anjani Kumar Shukla, Chandan Srivastava Krishna Kumar Chaturvedi @ Krishan Kumar .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Respondent(s)
5. Accordingly, the instant writ petition is dismissed as not maintainable, leaving it open to the petitioner to file a fresh petition under Section 482 Cr.P.C/528 B.N.S.S.
6. Let the certified copies annexed with the writ petition be returned to the learned counsel for the petitioner after retaining their photocopies of the same on record. September 9, 2025 Preeti.
CRLP No. 8174 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench