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2025 DAILYLAW 187634 (ALL)

RAJENDRA KUMAR GUPTA v. STATE OF U.P. AND 3 OTHERS

CRLP/13829/2025 · 2025-07-14

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 13829 of 2025 Court No. - 47 HON'BLE RAJEEV MISRA, J. HON'BLE LAKSHMI KANT SHUKLA, J. 1. Heard Mr. Somendra Singh, the learned counsel for petitioners, the learned A.G.A. representing State respondents 1,2 and 3 and Mr. Shashi Kant Shukla, the learned Senior Counsel assisted by Mr. Akarsh Dwivedi, the learned counsel for first informant respondent 4. 2. The present writ petition was disposed of by this Court vide order dated 16.6.2025. The said order was challenged before the Supreme Court and was set aside vide order dated 1.12.2025. Thereafter the matter was listed before this Court and we adjourned the hearing of the present writ petition on the ground that the chargesheet/police report might have been submitted. 3. When the matter is taken up today, Mr. Shashi Kant Shukla, the learned Senior Advocate representing first informant respondent 4 submits that the chargesheet/police report has been submitted by the Investigating Officer before the Jurisdictional Magistrate on 1.1.2026. However in spite of the fact that the period of more than one month and eighteen days have rolled by but the Jurisdictional Magistrate has not taken cognizance upon the aforesaid chargesheet in exercise of jurisdiction under Section 210 BNSS. 4. We fail to understand as to why the Jurisdictional Magistrate has not taken cognizance on the aforementioned chargesheet. 5. In view of above, we therefore direct the concerned Jurisdictional Magistrate to explain as to under what circumstances he has not taken the cognizance upon the police report and in case cognizance has not been taken Versus Counsel for Petitioner(s) : Somendra Singh Counsel for Respondent(s) : Akarsh Dwivedi, G.A., Saksham Srivastava, Varchasva Dwivedi Rajendra Kumar Gupta .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) by the Jurisdictional Magistrate the same shall be taken provided there is no legal impediment. 6. Matter shall put up again as fresh on 11.3.2026 along with Crl. Misc. Writ Petition No. 12631 of 2025. February 18, 2026 RPD CRLP No. 13829 of 2025 2 (Lakshmi Kant Shukla,J.) (Rajeev Misra,J.) Digitally signed by :- RATAN PRAKASH DWIVEDI High Court of Judicature at Allahabad