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2025 DAILYLAW 173253 (ALL)

RAM RAKHAN SINGH v. SUB DIVISIONAL MAGISTRATE, TAHSIL QAISERGANJ, DISTT. BAHRAICH AND 2 OTHERS

CRLP/11173/2025 · 2025-11-25

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 11173 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. 1. Heard Sri Yusuf Uz Zaman Safwi, Advocate holding brief of Sri M.A. Siddiqui, the learned counsel for the petitioner and learned AGA for the State of U.P. as well as perused the record. 2. The present petition has been preferred seeking following main relief(s):- "(I) Issue a writ, order or direction in the nature of certiorari quashing the order dated 01.08.2025 passed by the IIIrd Additional District and Session Judge, Bahraich, contained in annexure no.1 to this writ petition. (ii) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties no.2 not to proceed with the matter any further." 3. On being confronted after taking note of the fact that the order impugned dated 01.08.2025 passed by the IIIrd Additional District and Sessions Judge, District- Bahraich (in short "trial court") is simplicitor order of remand, learned counsel for the petitioner submitted that the present petition, without interfering in the impugned order, be disposed of finally with observation that the Magistrate concerned would conclude the proceedings expeditiously without being influenced by any of the observations made in the impugned order of remand dated 01.08.2025. 4. Taking note of the aforesaid statement of learned counsel for the petitioner, which has not been opposed by learned AGA, the present petition, without interfering in the impugned order, is disposed of finally with an observation that the Magistrate concerned would conclude the proceedings expeditiously without being influenced by any of the observations made in the impugned order of remand dated 01.08.2025. November 25, 2025 Arun/- Versus Counsel for Petitioner(s) : M.A. Siddiqui Counsel for Respondent(s) : G.A. (Saurabh Lavania,J.) Ram Rakhan Singh .....Petitioner(s) Sub Divisional Magistrate, Tahsil Qaiserganj, Distt. Bahraich And 2 Others .....Respondent(s) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench