Neutral Citation No. - 2025:AHC:35167 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 2353 of 2025 Petitioner :- Sanjeev Kumar Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Prakhar Saran Srivastava,Shashi Bhushan Kunwar Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Prakhar Saran Srivastava, learned counsel for petitioner and learned AGA for the State. 2. Present petition has been preferred with the following prayers:- "I) Issue an order or direction setting aside the impugned order and judgment dated 19.10.2024 passed by the Additional Sessions Judge, Court no. 1, Ballia in Criminal Revision no. 215 of 2022 (Sanjeev Kumar Singh versus State of U.P. and others). II) Issue an order or direction setting aside the impugned order dated 07.12.2021 passed by the Chief Judicial Magistrate, Ballia in Case no. 2364 of 2017 (Sanjeev Kumar Singh versus Suman Verma and others); III) Issue an order or direction commanding the Chief Judicial Magistrate, Ballia to take cognizance and issue process against the respondents are per law;" 3. It is the case of the petitioner that in pursuance to application under Section 156(3) Cr.P.C. preferred at the behest of petitioner, FIR bearing case crime no. 561 of 2014 under sections 419, 420 IPC and Section 2 of Prevention of Insult to National Honour Act, 1971 has been lodged against the private respondents alleging discrepancies caused by them in the mid day meal program and intentional insult caused to the national flag. After investigation, final report was submitted in favour of private respondents on dated 02.12.2014 and against the same, petitioner filed protest petition before learned concerned Magistrate on dated 15.09.2015. The said protest petition was treated as complaint vide order dated 30.05.2017 passed by learned Chief Judicial Magistrate, Ballia. Thereafter, statement of petitioner under Section 200 Cr.P.C. was recorded on dated 17.07.2017. 4. In order to substantiate his case, petitioner requested some time for producing witnesses under Section 202 Cr.P.C. but due to considerable clout exercised by the private respondents in the city, petitioner found it difficult to convince any of the witnesses. Before petitioner could get any witnesses examined under Section 202 Cr.P.C., the covid-19 lock down was imposed and the movement was extremely restricted and hence petitioner was unable to follow up the aforesaid case pending before learned Chief Judicial Magistrate, Ballia. After lifting up of the covid-19 lock down, petitioner went to enquire about the said complaint case and found that the complaint has been dismissed for want of prosecution vide impugned order dated 07.12.2021 under purported exercise of powers under Section 203 Cr.P.C. 5. Being aggrieved with the order dated 07.12.2021, petitioner filed a criminal revision no. 215 of 2022 before learned court concerned but the same was also dismissed vide impugned order dated 19.10.2024. 6. Learned counsel for the petitioner challenged the impugned orders on the ground that from perusal of order dated 07.12.2021, it is apparent that learned Magistrate failed to record any reason whatsoever for dismissal of the complaint, moreover, the same has been passed for want of prosecution whereas there is no such provision for dismissal of a complaint in default under Section 203 Cr.P.C. The impugned order dated 07.12.2021 has been passed by learned Magistrate during the period of Covid-19 pandemic and as such the absence of petitioner was entitled to be condoned since the same was beyond the control of the petitioner. 7. Per contra, learned AGA vehemently opposed the prayer sought through the instant petition and supported the orders impugned. 8. Since, learned counsel for petitioner argued the matter on legal issue and as such process to issue notice to private respondents is hereby dispensed with. 9. After hearing the rival submissions extended by learned counsels for the parties and perusing the records, this Court is of the opinion that impugned orders dated 19.10.2024 passed by the Additional Sessions Judge, Court no. 1, Ballia in Criminal Revision no. 215 of 2022 and 07.12.2021 passed by the Chief Judicial Magistrate, Ballia in Case no. 2364 of 2017 is liable to be quashed and is hereby quashed and set aside. Matter is remitted back to learned Chief Judicial Magistrate, Ballia/ concerned court for deciding afresh since the delay caused due to non-producing the witness under Section 202 Cr.P.C. was just because of the covid-19 pandemic and the delay is bona fide nor intentional and as such learned court concerned is directed to decide the matter on merits without considering the delay caused in producing the witness under Section 202 Cr.P.C. 10. The instant petition stands allowed accordingly. Order Date :- 11.3.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad