Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 45196 (ALL)

HILAL MEHDI v. STATE OF U.P. AND 19 OTHERS

A227/3995/2025 · 2025-07-15

Nand Prabha Shukla

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:114764 Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 3995 of 2025 Petitioner :- Hilal Mehdi Respondent :- State Of U.P. And 19 Others Counsel for Petitioner :- Anil Kumar Ojha,Ravikant Dubey Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Supplementary affidavit filed on behalf of the petitioner, is taken on record. Heard learned counsel for the petitioner, Sri Pankaj Rai, learned AGA for the State and perused the record. The present writ petition under Article 227 of the Constitution of India has been filed with a prayer to set aside the impugned order dated 15.07.2023 passed by Chief Judicial Magistrate, Sambhal passed in Misc. Case No. 235 of 2023 (Hilal Mehdi Vs. Sub- Divisional Magistrate Mr. Sunil Kumar Trivedi, Pargana- Sambhal and others), P.S. Hazratnagar Garhi, District Sambhal by which the application of petitioner filed under Section 156(3) Cr.P.C. has been rejected as well as impugned order dated 04.05.2024 passed in Criminal Revision No. 151 of 2023 (Hilal Mehdi Vs. State of U.P. through its D.G.C. Criminal Sambhal and others) passed by Additional District and Session Judge, Chandausi, Chandausi situated at Sambhal, P.S. Hazratnagar Garhi, District Sambhal and further prayed to issue a direction commanding the learned court below to direct the Police Station concern to register the First Information Report against the respondent nos. 2 to 20. Learned counsel for the petitioner states that an application under section 156(3) Cr.P.C. was moved which was rejected by the Chief Judicial Magistrate, Sambhal vide order dated 15.07.2023 subsequently a revision was filed challenging the aforesaid order which was also rejected. Considering the aforesaid facts and circumstances of the case, as the allegations discloses commission of a cognizable offence, learned counsel for the petitioner wants to avail an alternative remedy by lodging a complaint under Section 190 Cr.P.C. In case, the petitioner moves a fresh application with complete details to lodge the complaint under Section 190 Cr.P.C. within a period of one month from the date of the order, the same may be considered and decided strictly in accordance with law after giving opportunity of hearing to both the parties, if there is no other legal impediment. With the aforesaid direction, the petition is disposed of. Order Date :- 16.7.2025 Nisha Digitally signed by :- nisha kumari High Court of Judicature at Allahabad