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2025 DAILYLAW 61555 (ALL)

BRIJNATH YADAV v. STATE OF UP AND 9 OTHERS

A227/5468/2025 · 2025-06-30

Nand Prabha Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:101156 Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 5468 of 2025 Petitioner :- Brijnath Yadav Respondent :- State Of Up And 9 Others Counsel for Petitioner :- R.D. Yadav 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. This petition under Article 227 of the Constitution of India has been filed with the prayer to set aside the impugned revisional order dated 05.04.2025 passed by learned Upper Session Judge, F.T.C. -1, Mau in Criminal Revision No. 295/2022 (Brijnath Yadav Vs. State of U.P. and others) as well as order dated 15.11.2022 passed by learned Civil Judge (J.D.) Fast Track Court/ Judicial Magistrate, Mau in Misc. Criminal Case No. 23344/2022 (Brijnath Yadav Vs. Srikrishna and others), P.S. Kopaganj, District Mau and further prayed to give a direction to court below to consider the Application u/s 156(3) Cr.P.C. of petitioner and register the case in accordance with law against the accused/respondent. It has been submitted by the learned counsel for the petitioner that the complaint lodged by the petitioner has been rejected by the learned trial court without considering the material on record. It has been submitted that there is sufficient material on record u/s 200 and 202 Cr.P.C. to proceed against the respondent/accused but the same has not been considered. Having considered the submission made by the learned counsel for the petitioner and from the perusal of record it transpires that there is statements of the complainant and the injured which prima facie indicates that commission of the offence. Accordingly, the matter is remitted back to the court concerned to reconsider the material on record and pass fresh orders within a period of six weeks from the date of the order. Accordingly, the petition is allowed and the order dated 05.04.2025 passed by learned Upper Session Judge, F.T.C. -1, Mau is hereby set aside. Order Date :- 1.7.2025 Nisha Digitally signed by :- nisha kumari High Court of Judicature at Allahabad Digitally signed by :- nisha kumari High Court of Judicature at Allahabad