Shubham Singh v. State of U.P. THRU. SECY. HOME and another
/857/2025 · 2025-10-14
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 201568 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 201568 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 483 No. - 857 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J.
1. Heard learned counsel for the applicant and learned A.G.A.
2. This application has been filed seeking direction to the court to decide Case No. 10736 of 2024 (Shubham Singh Vs. Kanhaiya Lal Gupta) under Section 164 B.N.S.S. pending before Sub-Divisional Magistrate, Tehsil Purwa, District Unnao.
3. Learned counsel for the applicant submits that attachment order was passed by the competent court on 04.12.2024, but the proceedings are not being decided on the ground that the aforesaid
order is under challenge in Application u/s 482 No. 3574 of 2025 before this Court. Submission of the learned counsel for the applicant is that the Sub Divisional Magistrate, Tehsil Purwa, District Unnao may be directed to conclude the aforesaid proceedings expeditiously.
4. Considering the submission of the learned counsel for the applicant and going through the order dated 08.05.2025, it is evident that the order dated 04.12.2024 passed by the Sub Divisional Magistrate is under challenge before this Court in Application u/s 482 No. 3574 of 2025.
Order dated 08.05.2025 reads as under.
"Sri Jai Singh Chauhan, Advocate has filed his power on behalf of the opposite party No.3 today in the Court, which is taken on record. Office is Versus Counsel for Applicant(s) : Devendra Pratap, Shashank Shekhar Singh Counsel for Opposite Party(s) : G.A. Shubham Singh .....Applicant(s) State Of U.P. Thru. Secy. Home And Another .....Opposite Party(s)
directed to print his name in the cause list when the case is next listed. Heard learned counsel for the applicant, learned counsel for the opposite party No.3 and learned A.G.A. for the State. This petition under Section 528 B.N.S.S. (Section 482 Cr.P.C.) has been filed by the applicant, assailing the judgment and order dated 21.03.2025 passed in Criminal Revision No.212 of 2024 by Additional District Judge, Court No.7, Unnao, whereby the order dated 04.12.2024 passed by the Sub-Divisional Magistrate, Purwa, Unnao in Case No. 10736 of 2024 under Section 164 B.N.S.S, by which property in question was directed to be attached and receiver was appointed on the property in question, has been affirmed and liberty was granted to the parties to place their case/version before the Sub- Divisional Magistrate, Purwa, Unnao. Learned A.G.A. for the State and learned counsel for the opposite party No.3 pray for and are granted four weeks' time to file counter affidavit. Rejoinder affidavit may also be filed within two weeks thereafter. List thereafter."
5. In view of above facts and circumstances, no such direction, as prayed for, can be issued to the authority concerned to decide the pending proceedings.
6. The application is misconceived and is, accordingly, dismissed. October 14, 2025 VKS A483 No. 857 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench