MOHD. AARIF v. STATE OF UTTAR PRADESH AND 4 OTHERS
A227/4849/2025 · 2025-05-12
Nand Prabha Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 56858 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 56858 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:77593 Court No. - 81 Case :- MATTERS UNDER ARTICLE 227 No. - 4849 of 2025 Petitioner :- Mohd. Aarif Respondent :- State Of Uttar Pradesh And 4 Others Counsel for Petitioner :- Hariom Kamal Singh,Varad Nath Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard Sri Varad Nath learned counsel for the petitioner, 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 following prayer: (i) Issue an order or direction quashing the impugned order dated 02.05.2024 passed by the learned CJM, Banda in Misc. Case No.53 of 2024 and order dated 15.01.2025 in Criminal Revision No.63 of 2024 passed by the learned District and Sessions Judge, Banda (Annexure1) (ii) Issue an order or direction directing the Inspector Incharge of the Police Station Kotwali Nagar, District Banda to register FIR against the respondent nos. 2, 3, 4 and 5, under sections 419, 420, 467, 468 and 471 IPC. (iii) Issue any other suitable order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case." It has been submitted by learned counsel for the petitioner that the application moved by the petitioner under section 156(3) Cr.P.C has been rejected without application of mind in a cursory manner and without considering the allegations on merit though prima facie from the reading of the application cognizable offence is made out. The revision filed against the said order, has also been rejected. Considering the submission made by the learned counsel for the petitioner and in the light of the judgment of the Hon'ble Apex Court in Lalita Kumari vs. Government of Uttar Pradesh & Others, (2014) 1 SCC (Cri) 524, it is hereby
directed that in case the petitioner moves a fresh application under section 175(3) BNS before the appropriate Court, the same shall be heard and decided in accordance with law within a period of two months from the date of production of a certified copy of this order. With the aforesaid direction/observation, the instant petition is disposed of.
Order Date :- 13.5.2025/Monika Digitally signed by :- MONIKA KESARWANI High Court of Judicature at Allahabad