RAM NATH PANDEY v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 4 OTHERS
CRLP/8300/2025 · 2025-09-10
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 162359 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 162359 (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. - 8300 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Shri Ambuj Singh, learned counsel for the applicant and Shri Mayank Sinha, learned A.G.A. for the State.
2. By means of the instant petition filed under Article 226 of the Constitution of India, the petitioner has challenged the validity of an order dated 08.06.2016 passed by Court of City Magistrate, Lucknow in Case No.23 of 2016, under Section 133 of Cr.P.C. as well as an order dated 29.03.2025 passed by learned Additional District Judge / Special Judge, POCSO, Court No.2, Lucknow in Criminal Revision No.412 of 2016.
3. The learned A.G.A. has raised a preliminary objection that as per the law laid down by the Hon'ble Supreme Court in the cases of Neeta Singh and others Vs. State of U.P. and others passed in Special Leave to Appeal (Crl.) No. 13578 of 2024 and Pradnya Pranjal Kulkarni vs. State of Maharashtra & Anr. passed in Special Leave to Appeal (Crl.) No. 13424 of 2025, 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.
5. Accordingly, the instant writ petition is dismissed as not maintainable, Versus Counsel for Petitioner(s) : Syed Aftab Ahmad, Farhan Habib, Ishan Bhasin, Noor Alam Khan Counsel for Respondent(s) : G.A. Ram Nath Pandey .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others .....Respondent(s)
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 on record. September 10, 2025 S. Shivhare CRLP No. 8300 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench