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2025 DAILYLAW 199735 (ALL)

AMARJEET AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND 2 OTHERS

CRLP/6575/2024 · 2025-10-08

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 6575 of 2024 Court No. - 13 HON'BLE SAURABH LAVANIA, J. 1. Heard learned counsel for the parties. 2. The instant petition has been preferred seeking following main relief(s):- "I) Issue a writ, order or direction in the nature of Certiorari to set aside the impugned order dated 31.01.2018 passed by Sub Divisional Magistrate Lambhua District-Sultanpur in Case No.-210 Under Section 133 Cr.P.C. as well as revisional court order dated 03.04.2019 passed by Additional District and Session Judge/Special Judge E.C. Act in Revision No.- 34/2018 filed by the petitioners against the Order dated 31.01.2018 passed by sub divisional Magistrate Lambhua District-Sultanpur as contained in Annexure No.-2 and 3), in the interest of justice." 3. Prior to preferring instant petition, a petition i.e. CRIMINAL MISC. WRIT PETITION No. 10684 of 2019 (Ram Raj And Ors. vs. State of U.P. And Anr.) was filed by Ram Raj (father of petitioner No. 1 herein namely Amarjeet), Prem Nath (petitioner No. 2 herein), Mahadev @ Bhunwar (petitioner No. 3 herein) and Deosharan (father of petitioner No. 4 herein namely Narsing Narayan) and all the orders impugned in the instant petition were also assailed in the said petition i.e. CRIMINAL MISC. WRIT PETITION No. 10684 of 2019. The CRIMINAL MISC. WRIT PETITION No. 10684 of 2019 was consigned to record by this Court vide order dated 29.07.2024. The order dated 29.07.2024 reads as under:- "Order on C.M. Application No.IA/10/2024 This is third application for recall of the order dated 23.07.2024 as well as for recall of the order dated 24.01.2024 passed by this Court. Heard Sri Dilip Kumar Pandey, learned counsel for the petitioner, Sri Ram Singh, learned counsel for the opposite party no.3 as well as Sri Ashok Kumar Singh, learned A.G.A.-I for the State. Versus Counsel for Petitioner(s) : Durgesh Mishra Counsel for Respondent(s) : G.A., Ashish Singh, Ram Singh Amarjeet And 3 Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko And 2 Others .....Respondent(s) On 24.01.2024, none appeared on behalf of the petitioner even in the revised call of the list and this Court has passed the order after hearing the learned A.G.A. for the State as well as after complete perusal of the averments made in the petition, whereby the application for condonation of delay in filing the recall application for recall of the order dated 12.01.2023 was dismissed. Further, another recall application bearing C.M. Application No.9/2024 was filed and the same was also dismissed by this Court as no one has put in appearance on behalf of the petitioner on 23.07.2024. After considering the over all facts of the case, this Court is of the view that the orders dated 23.07.2024 as well as 24.01.2024 have been rightly passed after perusing averments made in the application as well as material placed before this Court, thus, this Court is not inclined to entertain the instant application for recall of the orders dated 23.07.2024 as well as 24.01.2024. Further, this Court also finds that no good ground has been taken in the instant application which may persuade this Court to recall the aforesaid orders. As such, the same is liable to be dismissed. In view of above, the instant application lacks merit and is hereby dismissed. File consign to record." 4. The aforesaid fact is not in dispute. 5. Taking note of the aforesaid, this Court is not inclined to entertain the instant petition being the second one for the same relief(s). It is accordingly dismissed. October 8, 2025 Arun/- CRLP No. 6575 of 2024 2 (Saurabh Lavania,J.) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench