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Neutral Citation No. - 2025:AHC:55711-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 7136 of 2025 Petitioner :- Mahboob Alam Respondent :- State Of U.P. And 19 Others Counsel for Petitioner :- Mohd Kamil,Mohd. Samiuzzaman Khan Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.
1. Heard learned counsel for the petitioner and learned A.G.A. for the State- respondents.
2. The instant writ petition is preferred with a prayer for quashing the impugned Challani Report dated 16.03.2025 passed by Joint Magistrate/Sub District Magistrate, Sadar, District Azamgarh under section 135(3) of B.N.S.S., P.S. Jahanaganj, District-Azamgarh.
3. Learned counsel for the petitioner stated that even though the petitioner has lodged an FIR on 16.03.2025 as he was an aggrieved party and instead of taking recourse under law, challani report dated 16.03.2025 has been passed against the petitioner. He has confined his prayer that the petitioner is a law abiding citizen and he is an Ex-Pradhan and his wife at present is working as Pradhan. He next contended that as the matter could have been amicably resolved there was no reason or occasion to pass order dated 16.03.2025 in the light of mandamus of Apex Court in Special Leave to Appeal (C) Nos.20330 of 2023 (Vijay Pal Yadav vs. Mamta Singh and others).
4. The relief has been resisted by learned A.G.A. on the premise that in the facts and circumstances, the situation warranted the Joint Magistrate/Sub District Magistrate, Sadar, District Azamgarh to pass the impugned challani report dated 16.03.2025 and no interferen is required by this Court while exercising its jurisdiction under Article 226 of the Constitution of India.
5. Considering the factual situation, at this stage, without adverting on the merits of the case, we dispose of the writ petition with an observation that the Joint Magistrate/Sub District Magistrate, Sadar, District Azamgarh shall revisit the matter in the light of judgment and order passed by Apex Court in the matter of Vijay Pal Yadav (supra). Order Date :- 16.4.2025 Manish Himwan (Prashant Kumar,J.) (M.C. Tripathi,J.) Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad