Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 60123 (ALL)

VIRENDRA NATH SHUKLA v. STATE OF U.P. AND 6 OTHERS

A227/5367/2025 · 2025-05-21

Nand Prabha Shukla

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:86467 Court No. - 81 Case :- MATTERS UNDER ARTICLE 227 No. - 5367 of 2025 Petitioner :- Virendra Nath Shukla Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Dhirendra Pratap Singh Counsel for Respondent :- G.A.,Munna Tiwari Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioner, learned counsel for the respondent Nos. 3 to 7, learned A.G.A. for the State and perused the record. By means of this petition under Article 227 of the Constitution of India, the petitioner has prayed to set aside the order dated 30.04.2025 passed by the Additional Sessions Judge, Court No. 1, Gorakhpur in Criminal Revision No. 120 of 2024 (Virendra Nath Shukla Vs. Jitendra Nath Shukla and others) as well as order dated 27.02.2024 passed by the Chief Judicial Magistrate, Gorakhpur in Misc. Case No. 3216 of 2023 (Virendra Nath Shukla Vs. Jitendra Nath Shukla) under Section 156(3) Cr.P.C., Police Station-Cantt., District-Gorakhpur. It has been submitted by learned counsel for the petitioner that he moved an application under Section 156(3) Cr.P.C. before Chief Judicial Magistrate, Gorakhpur on 27.11.2023. The said application was rejected vide order dated 27.02.2024 against which a Criminal Revision was preferred which was also rejected by the Additional Sessions Jude, Court No. 1, Gorakhpur on 30.04.2025. Considering the aforesaid facts and circumstances of the case, learned counsel for the petitioner has got an alternative remedy to lodge a complaint under Section 190 Cr.P.C. With the aforesaid direction, the petition is disposed of. 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. Order Date :- 22.5.2025 Shivani Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad