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2025 DAILYLAW 31953 (ALL)

SHRI BHAGWAN PANDEY AND ANOTHER v. STATE OF U.P. AND ANOTHER

A227/2711/2025 · 2025-03-20

Nand Prabha Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:41368 Court No. - 81 Case :- MATTERS UNDER ARTICLE 227 No. - 2711 of 2025 Petitioner :- Shri Bhagwan Pandey And Another Respondent :- State of U.P. and Another Counsel for Petitioner :- Ashish Kumar Mishra,Sanjay Kumar Dwivedi Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record. The present petition under Article 227 of the Constitution of India has been filed with a prayer to set-aside the impugned order dated 21.01.2025 passed by learned Court of Sessions Judge, District Prayagraj in Criminal Revision No. 24 of 2024 (Sahid Mubin vs. State of U.P. and others) during the pendency of the present petition. It has been submitted by learned counsel for the petitioners that the dispute is purely of civil in nature, therefore, the order impugned is liable to be set-aside. Per contra, learned A.G.A. opposed the aforesaid submissions of the learned counsel for the petitioners and states that the order impugned is remand order and does not cause any prejudice to the petitioners. Upon hearing both the parties and perusal of the record, it transpires that initially an application under Section 156(3) Cr.P.C. was moved by the respondent no.2, which was dismissed by order dated 22.12.2023. Aggrieved by the said order, the respondent no.2 preferred a Revision No.24/2024 under Section 397 Cr.P.C. before the learned Court of District and Sessions, Prayagraj and the learned Revisional Court remanded back the matter to pass a fresh order in accordance with law. In view of the aforesaid facts and circumstances of the case, no interference is required by this Court at this stage. The petition is accordingly, dismissed. Order Date :- 21.3.2025 Monika Digitally signed by :- MONIKA KESARWANI High Court of Judicature at Allahabad