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2025 DAILYLAW 62836 (ALL)

GIRRAJ KISHORE VERMA v. STATE OF U.P. AND 3 OTHERS

A227/6150/2025 · 2025-08-18

Nand Prabha Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:141393 Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 6150 of 2025 Petitioner :- Girraj Kishore Verma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashutosh Gupta,Vandana Gupta 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 06.02.2025 passed by Additional Sessions Judge, Court No. 4, Mathura in Criminal Revision No. 308 of 2022 (CIS No. 309/2022) (Girraj Kishore Verma v. State of U.P. and others) as well as impugned order dated 28.04.2022 passed by Additional Chief Judicial Magistrate, Court No. 1, Mathura in Misc. Application No. 25 of 2022 (Ram Sajiwan v. Pitamber and others), whereby the application under Section 156(3) Cr.P.C. filed by the petitioner has been rejected. 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 but Additional Chief Judicial Magistrate, Court No. 1, Mathura, vide order dated 28.04.2022, has rejected the application of the petitioner. Against the said order, the petitioner preferred a Criminal Revision, which was also rejected vide order dated 06.02.2025. Considering the aforesaid facts and circumstances of the case, as the allegations discloses commission of a cognizable offence, learned counsel for the petitioner wants to avail an alternative remedy by lodging a complaint under Section 210 BNSS. In case, the petitioner moves a fresh application with complete details to lodge the complaint under Section 210 BNSS 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. With the aforesaid direction, the petition is disposed of. Order Date :- 19.8.2025 Aditya Tripathi Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad