MITHLESH MISHRA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 6 OTHERS
A482/8218/2025 · 2025-10-06
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 199510 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 199510 (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. - 8218 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J.
1. Heard Sri Ram Singh, learned counsel for the applicant and Sri Rajesh Kumar Shukla, learned State Law Officer as well as perused the record.
2. The present application has been preferred seeking following main relief(s):-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned order dated 6.9.2025 passed by the Additional Sessions Judge Room No. 1, Sultanpur in Criminal Revision No. 183 of 2024 "Babeer & others Versus State of U.P. & another" whereby allowed the criminal revision and setting aside the
order dated 28.2.2024 passed by Additional Chief Judicial Magistrate Court No. 19, Sultanpur in Criminal Case No. 383 of 2023 "Mithlesh Versus Balbeer & others" Police Station-Bandhuwa Kala, District- Sultanpur and remanded back the matter before the trial court for deciding case afresh in accordance with law, as contained in Annexure No. 1 to this petition."
3. On being confronted after taking note of the fact that the order impugned dated 06.09.2025 passed by the Additional Sessions Judge, Court No. 01, District- Sultanpur (in short "trial court") is simplicitor order of remand, learned counsel for the applicant submitted that the present application, 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 06.09.2025.
4. Taking note of the aforesaid statement of learned counsel for the applicant, which has not been opposed by learned State Law Officer, the present application, 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
06.09.2025. October 6, 2025 Arun/- Versus Counsel for Applicant(s) : Ram Singh Counsel for Opposite Party(s) : G.A. (Saurabh Lavania,J.) Mithlesh Mishra .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 6 Others .....Opposite Party(s) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench