HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 9132 of 2025 Court No. - 85 HON'BLE VINOD DIWAKAR, J. 1. Heard Shri Manoj Kumar Tiwari, learned Advocate holding the brief of Shri Abhay Raj Yadav, learned counsel for the petitioner; Shri Rajesh Mishra, learned counsel appearing on behalf of respondent nos. 4 to 8, and the learned A.G.A. for the State. 2. The present petition has been filed by the petitioner assailing the impugned order dated 09.07.2025 passed by the learned Sessions Judge, Kannauj, in Criminal Revision No. 85 of 2025 (Ram Asarey and others vs. Dayaram and others), arising out of proceedings under Section 164 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), Police Station – Tirwa, District – Kannauj. 3. Learned counsel for the petitioner submits that the petitioner is aggrieved by the order dated 09.07.2025 passed by the Revisional Court, whereby the order dated 13.05.2025 of the learned Sub-Divisional Magistrate, Tirwa, was set aside and the matter was remanded back to the learned S.D.M., Tirwa, for fresh adjudication. 4. It is further submitted that the order dated 13.05.2025, passed by the learned Sub-Divisional Magistrate is just, legal and based upon due consideration of the police report dated 13.05.2025. However, the Revisional Court has set aside the said order in a mechanical manner without proper appreciation of the factual and legal aspects involved. It is thus contended that the impugned revisional order is liable to be set aside. 5. Per contra, learned counsel for respondent nos. 4 to 8 submits that the Revisional Court, vide order dated 09.07.2025, has rightly remanded the Versus Counsel for Petitioner(s) : Abhay Raj Yadav Counsel for Respondent(s) : G.A., Rajesh Kumar Mishra Daya Ram .....Petitioner(s) State Of U.P. And 7 Others .....Respondent(s) matter to the S.D.M. for fresh consideration. It is pointed out that the matter could not be decided at the remand stage owing to the non-appearance of the petitioner before the S.D.M. on the dates fixed. 6. A perusal of the status report indicates that the matter has been listed before this Court on several occasions, i.e., 18.08.2025, 23.08.2025, 29.08.2025, 08.09.2025, and 15.09.2025, but could not be effectively taken up for hearing on those dates. 7. Having considered the submissions of learned counsel for the parties and upon perusal of the material available on record, this Court finds that the Revisional Court has already remanded the matter to the learned Sub- Divisional Magistrate, Tirwa, with a direction to decide the matter afresh after affording due opportunity of hearing to the parties concerned. It is evident that the petitioner has defaulted in appearance, resulting in delay in the proceedings. 8. In the aforesaid circumstances, the learned Sub-Divisional Magistrate, Tirwa, is directed to expedite the proceedings and decide the matter at the earliest, strictly in accordance with law, after issuing due notice to all concerned parties and affording them reasonable opportunity of hearing. The petitioner is also directed to cooperate with the proceedings before the learned S.D.M. 9. With the above observations and directions, the instant petition stands disposed of. September 22, 2025 Sharad/- (Vinod Diwakar,J.) A227 No. 9132 of 2025 2 Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad