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2025 DAILYLAW 172571 (ALL)

FAHAD CHAUDHARY v. STATE OF U.P. AND 3 OTHERS

CRLR/969/2025 · 2025-10-27

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 969 of 2025 Court No. - 91 HON'BLE ABDUL SHAHID, J. 1. Heard learned counsel for the revisionist and the learned AGA for the State. 2. Learned AGA has filed compliance affidavit which is taken on record. 3. This criminal revision is directed against the judgment and order dated 5.12.2024, passed by the Chief Judicial Magistrate, Moradabad in Criminal Case No. 16645 of 2024, (State Vs. Asif Alia @ Shibli Chaudhary and others), arising out of Case Crime No. 417 of 2024, under Sections 376, 386, 506, 120-B IPC, Police Station Civil Lines, District Moradabad as well as impugned notice dated 30.8.2024, issued by the Investigating Officer directing the Manager of the Bank to freeze the bank account of the revisionist. 4. Learned counsel for the revisionist has submitted that earlier he had filed a petition under Section 482 No. 21243 of 2024 (Vicky Chaudhary alias Mohammad Asim and others), wherein this Court has passed an order on 8.7.2024 directing that until further orders of this Court, further proceedings of Criminal Case No. 7835/9 of 2024 arising out of Case Crime No. 417 of 2024, under Sections 506, 120-B, 386 IPC, Police Station Civil Lines, District Moradabad, pending in the court of Chief Judicial Magistrate, Moradabad, shall remain stayed against the applicant. 5. Thereafter, an order for further investigation was passed on 27.7.2024 Versus Counsel for Revisionist(s) : Meraj Ahmad Khan, Salman Ahmad, Saqib Meezan Counsel for Opposite Party(s) : G.A. Fahad Chaudhary .....Revisionist(s) State Of U.P. And 3 Others .....Opposite Party(s) by the Senior Superintendent of Police, Moradabad and pursuant to said order, SI Kuldeep Singh has initiated further investigation vide report dated 3.8.2024. Said order dated 3.8.2024 had been challenged again by way of Application U/s 482 No. 29259 of 2024 ( Vicky Chaudhary alias Mohammad Asim and others Vs. State of U.P. and others), in which this Court has passed an order dated 3.9.2024 that connect with Application U/s 482 Nos. 21243 of 2024, 21176 of 2024 and put up on 15.10.2024 and till the next date of listing, effect and operation of the order dated 3.8.2024 shall remain stayed against the applicants. 6. The revisionist has filed an application before the Chief Judicial Magistrate, Moradabad for de-freezing his bank account which was freezed by the letter of the Investigating Officer, SI Kuldeep Singh. On the said application, the Chief Judicial Magistrate has passed a specific order after mentioning that aforesaid petition under Section 482 are pending before this Court and further proceedings of the case had been stayed by this Court, hence he is unable to take any further action at this stage in the matter. This order has been challenged by the revisionist in the instant revision. 7. From perusal of the the records, it is evident that the main proceedings which are pending before the Chief Judicial Magistrate, Moradabad had already been stayed by this Court in the Application U/s 482 No. 21243 of 2024 vide order dated 8.7.2024. 8. In view thereof, no illegality or irregularity has been committed by the Chief Judicial Magistrate, hence this criminal revision has no legal force. However, if the revisionist is having any alternative remedy, that may be availed by him before the appropriate court in accordance with law. 9. With this liberty, this criminal revision is finally disposed of. October 28, 2025 sfa/ CRLR No. 969 of 2025 2 (Abdul Shahid,J.) Digitally signed by :- SYED FAHEEM AHMAD High Court of Judicature at Allahabad