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2025 DAILYLAW 2792 (ALL)

SHRI RAM AND 2 OTHERS v. STATE OF U.P. AND 2 OTHERS

A227/14306/2025 · 2026-05-06

Sandeep Chaudhary Joint Registrar Judicial

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 14306 of 2025 Court No. - 89 HON'BLE ANIL KUMAR-X, J. 1. Learned counsel for the petitioners and Shri Devesh Kumar Singh, learned A.G.A. for the State are present. None has appeared on behalf of the private respondents. 2. This petition under Article 227 of the Constitution of India has been filed with the following main prayer :- "(a) To set aside the impugned orders dated 10.05.2024 passed by Sub Divisional Magistrate Kushinagar at Padrauna in case No. T202405440103690 under section 145 (1) Cr.P.C. and 146(1) Cr.P.C. and order dated 22.08.2025 passed by Additional District and Session Judge Court No.3 Kushinagar at Padrauna in criminal revision No.127 of 2024 (Shri Ram and others Vs. State of U.P. and others)." 3. Learned counsel for the petitioners submitted that the land of the petitioners was attached by SDM, Padrauna, District Kushinagar in Case No.3690 of 2024 under Section 146(1) Cr.P.C. on 10.5.2024. Aggrieved by the order dated 10.5.2024, the petitioner preferred Criminal Revision No.127 of 2024 (Shri Ram vs. State of U.P. & Anr.), which too was dismissed on 22.8.2025. 4. At the very outset, it is relevant to mention that the order passed under Section 146(1) Cr.P.C. is passed by the concerned Executive Magistrate by evaluating the prevailing circumstances pertaining to the dispute. Those disputed questions cannot be gone into by this Court under Article 227 of the Constitution. Therefore, this Court is not inclined to interfere in Versus Counsel for Petitioner(s) : Ashish Kumar Counsel for Respondent(s) : Ashok Kumar Yadava, G.A., Ram Prasad Dubey Shri Ram And 2 Others .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) the orders passed by both courts. 4. However, the concerned SDM, Padrauna, District Kushinagar is directed to expedite the proceeding of Case No.3690 of 2024 and to decide it in accordance with law expeditiously, preferably within a period of six months from today. 5. With the aforesaid directions/observations, the petition is disposed of. May 7, 2026 SK A227 No. 14306 of 2025 2 (Anil Kumar-X,J.) Digitally signed by :- SUSHEEL KUMAR High Court of Judicature at Allahabad