Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 66320 (ALL)

SATISH CHANDRA DIXIT v. STATE OF U.P. AND 7 OTHERS

A227/6010/2025 · 2025-07-23

Nand Prabha Shukla

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:121780 Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 6010 of 2025 Petitioner :- Satish Chandra Dixit Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Ramesh Kumar Singh,Sanjeev Singh,Satish Kumar Sahu Counsel for Respondent :- Ashok Kumar Singh Bais,G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioner, learned AGA for the State and perused the record. The present writ petition under Article 227 of the Constitution of India has been filed with a prayer to set aside the judgment and order dated 28.04.2025 passed by Sessions Judge, Badaun in Criminal Revision No. 286 of 2024 as well as order dated 30.09.2024, passed by Chief Judicial Magistrate, Badaun in Misc. Case No. 602 of 2024. Learned counsel for the petitioner states that the petitioner filed an application under Section 156(3) Cr.P.C., for lodging of the FIR against the opposite parties which was rejected by the Chief Judicial Magistrate, Badaun vide order dated 30.09.2024. Aggrieved by the said order, a revision was filed by the petitioner which was also rejected. 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 :- 24.7.2025 Aditya Tripathi Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad