Neutral Citation No. - 2025:AHC:33860 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 2213 of 2025 Petitioner :- Anil Kaparwan Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Vinay Kumar Singh Chandel Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Vinay Kumar Singh Chandel, learned counsel for petitioner and learned AGA for the State. 2. Present petition has been preferred with the following prayers:- "1. Set aside order dated 14.02.2025 of Additional District and Session Judge, Court no. 12, Ghaziabad passed in Crl. Revision no. 340 of 2023, Ram Avatar Sharma vs. State of U.P. and others, as well as Crl. Revision no. 408 of 2023, State vs. Anil Kaparwan, in pursuance of Case No. 3641/2022, State vs. Anil Kaparwan & others arising out of Case Crime no. 1182/2012, registered at Police Station Vijay Nagar, District-Ghaziabad. (Annexure-1)." 3. It is the case of the petitioner who is Sub Inspector in U.P. Police, that in pursuance to a complaint/application sent by opposite party no. 2 to National Human Rights Commission, Delhi through telegram with regard to illegal detention of his nephews at Police Station Vijay Nagar, District Ghaziabad, FIR was lodged against Sub Inspector Dheeraj Singh, Constable Mahendra Singh, Constable Anil Singh and Constable Himanshu Arya at Police Station Vijay Nagar, District Ghaziabad bearing case crime no. 1182/2012 under Section 342 IPC. During the investigation, on the basis of statement of victims, name of petitioner was also included in the aforesaid case and after the investigation, the concerned Investigating Officer, submitted charge sheet dated 10.02.2020 against petitioner and other co-accused persons whereupon learned Magistrate took cognizance vide order dated 20.02.2020. Eventually, petitioner surrendered and obtained bail vide order dated 28.03.2022 by learned court below. 4. Petitioner moved an application for discharge under Section 239 Cr.P.C. before learned trial court concerned on dated 27.04.2022 but the aforesaid application was rejected by learned A.C.J.M, Court no. 2, Ghaziabad vide order dated 17.10.2022. Aggrieved with order dated 17.10.2022, petitioner preferred a Criminal Revision no. 630 of 2022 before court concerned, wherein vide order dated 04.02.2023 passed by learned Additional Session Judge, Court no. 7, Ghaziabad, order dated 17.10.2022 was set aside and matter was remitted back before learned trial court for reconsideration. Subsequently, vide order dated 07.04.2023 passed by learned Chief Judicial Magistrate, Ghaziabad, the discharge application moved by petitioner was allowed. 5. Against the order dated 07.04.2023, opposite party no. 2 as well as State filed separate Criminal Revisions nos. 340 of 2023 and 405 of 2023 before court concerned and vide impugned order dated 14.02.2025 passed by learned Additional District/Session Judge, Court no. 12, Ghaziabad the order dated 07.04.2023 was set aside and matter is remitted back before learned trial court concerned for its reconsideration in the light of discussion and finding arrived by learned revsional court. 6. Learned counsel for the petitioner challenged the impugned order dated 14.02.2025 on the ground that the same has been passed without considering the material available on record and direction for reconsideration of discharge application in the light of finding arrived by learned revisional court is also not sustainable and hence impugned order is liable to be set aside. 7. Per contra, learned AGA, vehemently opposed the prayer sought through the instant petition and supported the orders impugned. 8. Since the matter has been argued by learned counsel for the petitioner on legal aspect and as such process to issue notice to respondent nos. 2 and 3 is hereby dispensed with. 9. Be that as it may, without interfering into the merits of the matter, order dated 14.2.2025 is hereby modified to the extent that only the portion of impugned order dated 14.02.2025 whereby the learned revisional court directed learned trial court to decide the discharge application on merits "in the light of the discussion and finding arrived by learned revisional court" is hereby set aside. It is made clear that the fresh arrival over the discharge application preferred at the behest of the petitioner shall be dependent upon the free and conscious legal mindset of the learned court concerned and within stipulated period of four months from the date of production of certified copy of this order. 10. The instant petition stands disposed of accordingly. Order Date :- 6.3.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad