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2025 DAILYLAW 28447 (ALL)

BRIJKISHOR GUPTA v. STATE OF U.P. AND 8 OTHERS

A227/2492/2025 · 2025-05-18

Nand Prabha Shukla

body2025

Judgment text

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Court No. - 81 Case :- MATTERS UNDER ARTICLE 227 No. - 2492 of 2025 Petitioner :- Brijkishor Gupta Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Anurag Dubey Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioner, learned AGA for the State and perused the record. The present writ petition under Article 227 of the Constitution of India has been filed seeking direction to set aside the impugned order dated 06.12.2024 passed by the learned Additional Session Judge, Court No. 4, Mainpuri in Criminal Revision No. 125 of 2023 (Dharmendra and others vs. State of U.P. and another) as well as Criminal Revision No. 126 of 2023 (Rajneesh @ Chunnu Saxena vs. State of U.P. and another). It has been submitted by learned counsel for the petitioner that the order passed by the Revisional Court has not considered the material on record though according to the reports submitted by Lekhpal the alleged Gata Nos. 1105 and 1108 have been illegally encroached by respondent-accused. There are sufficient documentary evidence available on record which have not been considered while the order was passed by the Revisional Court. Considering the aforesaid facts, the matter is remitted back to the court concerned with a direction to pass fresh order as expeditiously as possible, preferably within a period of two weeks without being influenced by the order passed by the Revisional Court in the interest of justice. With the aforesaid direction, the writ petition stands disposed of. Order Date :- 19.5.2025 Puspendra Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad