SMT. SANYOGITA UPADHYAY AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME U.P. LKO. AND ANOTHER
CRLP/7319/2024 · 2025-07-02
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 162097 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 162097 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:37173 Court No. - 27 Case :- CRIMINAL MISC. WRIT PETITION No. - 7319 of 2024 Petitioner :- Smt. Sanyogita Upadhyay And 2 Others Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And Another Counsel for Petitioner :- Mohd.Anas Siddiqui Counsel for Respondent :- G.A.,Mohammad Nauman,Mohd. Shareef Hon'ble Manish Kumar,J. Learned AGA and learned counsel for the respondent no. 2 has raised a preliminary objection regarding the maintainability of the present writ petition under Article 226 of the Constitution of India challenging the summoning
order and the revisional order passed in complaint case no. 7507 of 2016 under Sections 457 & 380 IPC. It is further submitted that against the order passed in criminal proceedings, the writ petition under Article 226 of the Constitution of India is not maintainable and the remedy which is available to the petitioners is to file an application under Section 482 Cr.P.C./528 B.N.S.S. In support of his submission, he has relied upon the judgment of Hon'ble Supreme Court in the case of Radhey Shyam and Another vs. Chhabi Nath and Ors. [(2015) 5 SCC 423] and the judgment of Hon'ble Supreme Court dated 15.10.2024 passed in Special Leave to Appeal (Crl.) No. 13578/2024 in the case of Neeta Singh and Ors. vs. The State of Uttar Pradesh and Ors. where it has been held that the judgment in the case of Radhey Shyam and Another though pertains to the civil matter, the same analogy is applicable in the criminal matter as well. In view of above, the present writ petition is not maintainable, hence the same is dismissed. Office is directed to return the certified copies of the relevant documents annexed with the present writ petition as well as with the counter affidavit to the learned counsel for the petitioners and learned counsel for the respondents respectively after retaining photostat copy of the same.
Order Date :- 2.7.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench