Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 59313 (ALL)

MONU @ RISHI v. STATE OF U.P. AND 2 OTHERS

CRLP/9984/2025 · 2025-05-16

Vivek Kumar Birla, Yogesh Dubey Joint Registrar Judicial

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:82175-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 9984 of 2025 Petitioner :- Monu @ Rishi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Varun Singh Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Jitendra Kumar Sinha,J. 1. Heard Shri Varun Singh, learned counsel for the petitioner and Shri Ghanshyam Kumar, learned AGA for the State respondents. 2. Present petition has been filed with following prayer:- "i) Issue an appropriate writ, order or direction in the nature of Certiorari, quashing/setting aside the impugned remand order dated 03.04.2025, passed by the Chief Judicial Magistrate, Firozabad, in Case No. No. 92211/2024 (State v. Monu @ Rishi Kumar), arising out of Crime/FIR No. 0484 2024, dated 27.07.2024, under sections 81, 115(2), 352, of B.N.S., P.S. Firozabad North. (ii) Issue an appropriate writ, order or direction for quashing of the arrest of the Petitioner, dated 03.04.2025, in Crime/FIR No. 0484 of 2024, dated 27.07.2024, under sections 81, 115(2), 352, of B.N.S., P.S. Firozabad North. (iii) Issue an appropriate writ, order or direction for releasing the Petitioner from custody, pursuant to his arrest on 03.04.2025, in Crime/FIR No. 0484 of 2024, dated 27.07.2024, under sections 81, 115(2), 352, of B.N.S., P.S. Firozabad North. (iv) Issue an appropriate writ, order or direction directing the State to appropriately compensate the Petitioner for depriving him of his Personal Liberty without following the due procedure." 3. We find that the present writ petition is not maintainable as the petitioner has effective alternative statutory remedy by way of filing criminal revision against the order impugned herein. We further find that the impugned order dated is of 03.04.2025 and the remand order is effective till 16.04.2025. 4. Learned counsel for the petitioner submits that present petition would be maintainable. In support of his argument he has placed reliance upon the order dated 09.04.2025 passed by a co-ordinate Bench in Criminal Misc. Writ Petition No.934 of 2025 (Manjeet Singh @ Inder @ Manjeet Singh Chana vs. State of U.P. and 2 Others. 5. We find that in the aforesaid order ground of challenge against remand order was that the arrest memo was a printed proforma and did not contain any column specifying the grounds or reasons for arrest. Another ground was that the learned remand magistrate by the impugned order remanded the petitioner to judicial custody as a printed remand order did not mention whether any opportunity of hearing was granted to the accused to contest his custodial detention. 6. On perusal of the impugned remand order dated 03.04.2025 we find that opportunity of hearing was given to the petitioner and he has filed an objection to the same. Page 79 of the paper book is the bail rejection order which clearly specify that further investigation was directed by this Court and Section 69 BNS was also added. 7. In such view of the matter, we find that apparently grounds on which the aforesaid petition was entertained and extra ordinary power under Article 226 of the Constitution of India were exercised are missing in the present case. 8. The petitioner has alternative effective remedy by way of filing revision. The Petition is accordingly dismissed on the aforesaid grounds, however, with liberty to the petitioner to avail the alternative remedy, if so advised. 9. Office is directed to return all the certified copies annexed with the present petition to the learned counsel for the petitioner after retaining photocopies of the same within two working days. Order Date :- 17.5.2025 Nitendra Digitally signed by :- NITENDRA TIWARI High Court of Judicature at Allahabad