ASHIMANAND SINGH v. STATE OF UTTAR PRADESH AND 7 OTHERS
A227/5390/2025 · 2025-05-22
Nand Prabha Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 55590 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 55590 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:87601 Court No. - 81 Case :- MATTERS UNDER ARTICLE 227 No. - 5390 of 2025 Petitioner :- Ashimanand Singh Respondent :- State Of Uttar Pradesh And 7 Others Counsel for Petitioner :- Satya Priya Upadhyay Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record. By means of the present petition under Article 227 of the Constitution of India, the petitioner has prayed to set aside the impugned order dated 23.09.2024 passed by Additional Chief Judicial Magistrate, First, Ballia in Complaint No. 885 of 2024 (Ashimanand Singh Versus Gopal Ji Gupta and others) and also impugned order dated 24.03.2025 passed by Additional District and Sessions Judge/F.T.C. III Ballia in Criminal Revision No. 231 of 2024 (Ashimanand Singh Versus State of U.P. and others). It has been submitted by learned counsel for the petitioner that an application under Section 156(3) Cr.P.C. was moved by the petitioner before learned Additional Chief Judicial Magistrate,First Ballia to lodge an FIR against the respondent Nos. 2 to 8 but, vide
order dated 23.09.2024, the said application has been rejected. It has been submitted that the matter needs to be investigated. Against the said order, the petitioner preferred a Criminal Revision which was also rejected vide order dated 24.03.2025. Per contra, learned A.G.A. for the State has submitted that Section 202(1) Cr.P.C. empowers the Magistrate to make an enquiry or direct an investigation to be made by a police officer. Considering the aforesaid facts, the matter is remitted back to the court concerned with a direction to pass fresh order as expeditiously as possible, in accordance with the procedure provided under Section 202(1) Cr.P.C. With the aforesaid direction, the petition is disposed of.
Order Date :- 23.5.2025/Shivani Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad