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2025 DAILYLAW 197192 (ALL)

RAM LAL AND 10 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

NA528/1544/2025 · 2025-10-15

Brij Raj Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1544 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the applicants, learned AGA and perused the record. 2. The present application has been filed with the following main relief: "For the facts reasons and circumstances stated in the accompanying affidavit it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned order dated 11.08.2025 passed by Learned Sessions Judge, Ayodhya in Criminal Revision No.NIL/2025, namely Ram Lal and others V/s State of U.P. and another, by which the aforesaid revision has been rejected and further challenging the impugned order dated 08.04.2025 passed by learned Additional Chief Judicial Magistrate-III, Ayodhya in Misc. Case No.363/2024, Ramdev V/s Ramlal and others, under section 173(4) B.N.S.S., P.S. Inayatnagar, District-Ayodhya, by which the application under section 173(4) B.N.S.S. has been allowed, contained in Annexure No.1 and 2 to the accompanying affidavit, in the interest of justice. It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceedings of the Misc. Case No.363/2024, Ramdev V/s Ramlal and others, under section 173(4) B.N.S.S., P.S. Inayatnagar, District-Ayodhya,, which is pending before Additional Chief Judicial Magistrate-III, Ayodhya,, during the pendency of the above noted petition under section 482 Cr.P.C. (now section 528 B.N.S.S.), in the interest of justice." Versus Counsel for Applicant(s) : Amrendra Singh, Pawan Kumar Dubey Counsel for Opposite Party(s) : G.A. Ram Lal And 10 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) 3. The applicants have challenged the order dated 8.4.2025 which indicates that the application under Section 173(4) of BNSS, 2023, was filed. 4. Learned AGA has produced a copy of FIR dated 11.10.2025 registered as FIR/Case Crime No.0508 of 2025 under Sections 191(2), 115(2), 109(1), 352, 351(2) and 309(6) of BNS, 2023, which is taken on record. It has been submitted by learned AGA that since FIR has been lodged in compliance of order dated 8.4.2025, present application has become infructuous for the reason that in case applicants are aggrieved, they may challenge the FIR by filing a writ petition or in other proceedings they may adopt, but certainly there is no illegality or infirmity in the order at this juncture. 5. In view of the aforesaid facts, it is clear that in compliance of the order passed by the court below, FIR has been lodged and now the applicants have remedy to challenge the same before appropriate Court or take any other legal recourse as per law, but the impugned order cannot be questioned at this juncture. 6. The application is dismissed. October 15, 2025 Sachin NA528 No. 1544 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench