ARUN KUMAR TRIVEDI v. STATE OF U.P. THRU. PRIN.SECY. DEPTT. OF HOME AND 2 OTHERS
A482/9970/2023 · 2025-10-31
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 180606 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 180606 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9970 of 2023 Court No. - 14 HON'BLE RAJEEV SINGH, J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record. 2. This application has been filed for quashing the order dated 24.08.2023 passed by Additional Sessions Judge, Unnao in Criminal Revision No. 147 of 2022 (Arun Kumar Trivedi Vs. Shatruhan Shukla & Ors.), under Section 133 Cr.P.C., with the further prayer to direct the respondent nos. 2 to 4 not to interfere in the peaceful possession and construction of the applicant. 3. Learned counsel for the applicant submits that on the basis of concocted facts, application under Section 133 Cr.P.C. was filed by the private respondent. It is further submitted that without considering the version of the applicant, order was passed by the Sub Divisional Magsitrate, Hasanganj, Unnao on 16.09.2022. Submission of the learned counsel for the applicant is that the said order was challenged by the applicant in Criminal Revision No. 147 of 2022, but the same was also wrongly dismissed by the Additional Sessions Judge, Unnao by passing the impugned order. It is, thus, submitted that the indulgence of this Court is necessary. 4. Learned A.G.A., while opposing the prayer of the applicant, submits that applicant may appear before the Sub Divisional Versus Counsel for Applicant(s) : Prince Singh Counsel for Opposite Party(s) : G.A., Hemant Kumar Mishra Arun Kumar Trivedi .....Applicant(s) State Of U.P. Thru. Prin.Secy. Deptt. Of Home And 2 Others .....Opposite Party(s)
Magistrate, Hasanganj, Unnao and apprise all these facts and to cooperate in the proceedings for its early disposal. 5. Considering the submissions advanced by the learned counsel for the applicant, learned A.G.A. and going through the contents of the application, impugned order as well as other relevant documents, it is evident that the proceedings under Section 133 Cr.P.C. are pending before the Sub Divisional Magistrate, Hasanganj, Unnao since 2022. 7. In view of above, the present application is disposed of with the liberty to the applicant to move a comprehensive reply before the Sub Divisional Magistrate, Hasanganj, Unnao in the pending proceedings within a period of three weeks from today.
In case, any such reply is filed, the Sub Divisional Magistrate, Hasanganj, Unnao shall consider and decide the same by means of a reasoned and speaking order in accordance with law within a period of two months from the date of filing of such reply, after affording opportunity of hearing to either of the parties. October 31, 2025 VKS A482 No. 9970 of 2023 2 (Rajeev Singh,J.) Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench