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Neutral Citation No. - 2025:AHC:93584 Court No. - 81 Case :- MATTERS UNDER ARTICLE 227 No. - 5739 of 2025 Petitioner :- Durga Prasad Shukla Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Vishnu Murti Tripathi 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. The present petition under Article 227 of the Constitution of India has been filed with the following prayers:
"1. Issue an order or direction in the nature of which quashing the impugned
order dated 11.3.2025 passed by Session Judge, Kaushambi in Criminal Revision No. 172 of 2024 (Durga Prasad Shukla vs. State of U.P. and others) and impugned order dated 20.9.2024 passed by Chief Judicial Magistrate, Kaushambi in Misc. Application No. 362 of 2024 (Durga Prasad Shukla vs. Devendra Singh and others) under Section 156(3), Criminal Procedure Code, Police Station Manjhanpur, District Kaushambi and it is further prayed to remand back the case to the court below and also summon the Respondent No. 2 to 4 in relevant sections according to offence and punish them. (ii) Issue an order or direction in the nature of which the case may be remanded back the case to the court below and also summon the Respondent No. 2 to 5 in relevant Sections of IPC and punish them. (iii) Issue any other order or direction in the nature of which this Hon'ble Court deems fit and proper in the interest of justice. (iv) Cost of damage be awarded." It has been submitted by learned counsel for the petitioner that the application filed by the petitioner under Section 156 (3) Cr.P.C. has been rejected by Chief Judicial Magistrate, Kaushambi and the revision filed by the petitioner has also been rejected vide order dated 11.03.2025 by Session Judge, Kaushambi, though there is sufficient material to proceed with. Considering the aforesaid submission, in case, the petitioner moves a fresh application with complete details for lodging the complaint under section 210 BNS 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 an opportunity of hearing to both the parties, if there is no legal impediment. With the aforesaid directions, the petition is disposed of.
Order Date :- 30.5.2025 Puspendra Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad