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2025 DAILYLAW 2828 (ALL)

MUNIRAJ SINGH v. VIJAY KUMAR SINGH AND 4 OTHERS

A227/2780/2025 · 2026-05-05

Sandeep Chaudhary Joint Registrar Judicial

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 2780 of 2025 Court No. - 89 HON'BLE ANIL KUMAR-X, J. 1. Heard learned counsel for the petitioner, learned counsel for private respondent and Sri Prateek Tyagi, learned AGA for State - Respondent. 2. This writ petition has been filed by the petitioner with a prayer to set aside the impugned order dated 13.12.2024 passed by the Additional District and Sessions Judge, Court No. 10, Shahjahanpur, in Criminal Revision No. 48 of 2023 (Vijay Kumar Singh and 3 others vs. State of U.P. and 3 others) (Annexure No. 1 to the petition), and to direct the said court to affirm the order dated 3.2.2023 passed by the Sub-Divisional Officer in Case No. 01096 of 2020 (Computerized Case No. T- 202012610501096) (Ramesh Chandra Singh vs. Vijay Kumar Singh) under Section 145 Cr.P.C. 3. Learned counsel for the petitioner submitted that proceedings under Section 145 Cr.P.C. were initiated on an application filed by the petitioner. The said Case No. 01096 of 2020 (Ramesh Chandra Singh vs. Vijay Kumar Singh) under Section 145 Cr.P.C. was decided on 3.2.2023. It was submitted that the proceedings were decided ex parte, as the respondent did not appear despite sufficient service. The respondent challenged the order dated 3.2.2023 in Criminal Revision No. 48 of 2023 (Vijay Kumar Singh and 3 others vs. State of U.P. and 3 others). The said criminal revision was decided on 13.12.2024, and the order dated 3.2.2023 was set aside. The matter was remanded back to the court concerned for passing a fresh order after considering the observations made in the criminal revision. 4. Learned counsel for the petitioner has confined his prayer to a direction to the Sub-Divisional Magistrate, Shahjahanpur, to decide the Versus Counsel for Petitioner(s) : Chandra Sen Pal, Jay Devi Counsel for Respondent(s) : Shobh Nath Pal, Tripurari Pal Muniraj Singh .....Petitioner(s) Vijay Kumar Singh And 4 Others .....Respondent(s) proceedings of Case No.01096 of 2020 in the light of the observations made in the criminal revision, within a period of six months. 5. Learned counsel for the private respondent has also conceded to the prayer made by the petitioner. 6. Accordingly, the petition is disposed of with a direction to the Sub- Divisional Magistrate, Shahjahanpur, to decide the proceedings of Case No.01096 of 2020 as expeditiously as possible, preferably within a period of six months. No further delay shall occur in the disposal of the proceedings unless there are circumstances beyond his control. May 6, 2026 Mukesh A227 No. 2780 of 2025 2 (Anil Kumar-X,J.) Digitally signed by :- MUKESH SRIVASTAVA High Court of Judicature at Allahabad