RAKSHA RAM AND 24 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
CRLP/8279/2025 · 2025-09-08
Subhash Vidyarthi
body2025
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[ 2025 DAILYLAW 161981 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 161981 (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. - 8279 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Smt. Anuradha Singh, the learned counsel for the petitioners as well as Sri Ashok Kumar Srivastava, learned A.G.A. appearing on behalf of the State and Sri Afzal Hasan, learned counsel for the complainant.
2. By means of the instant writ petition, the petitioners have challenged the validity of an order dated 26.07.2025 passed by the learned 4th Additional District and Session Judge, Bahraich in Criminal Revision No. 114 of 2021 (Rameshwar Prasad Chaubey and others Vs. Janki and others), whereby the revisional court has set aside an order dated 30.09.2021 passed by the Sub-Divisional Magistrate, Payagpur, Bahraich in Case No.T201808150502894 under Sections 145/146 Cr.P.C on the ground that the order has been passed without giving an opportunity of hearing to the revisionist. The revisional court has set aside the order and remanded the matter for being decided afresh by the Sub Divisional Magistrate after giving an opportunity of hearing to the parties.
3. As the order has been set aside on the ground of denial of opportunity of hearing, the matter has been remanded and the petitioners have got an opportunity to appear before the Sub-Divisional Magistrate, participate for the proceedings and take all the pleas available to them, there is no illegality in the revisional order warranting interference by this Court in exercise of extraordinary and discretionary writ jurisdiction.
4. Accordingly, the instant writ petition stands dismissed. September 8, 2025 Preeti. Versus Counsel for Petitioner(s) : Anuradha Singh Counsel for Respondent(s) : G.A., Afzal Hasan (Subhash Vidyarthi,J.) Raksha Ram And 24 Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Respondent(s) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench