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2025 DAILYLAW 69339 (ALL)

YOGESH PRASAD DWIVEDI v. STATE OF U.P. AND 5 OTHERS

A227/6948/2025 · 2025-07-27

Nand Prabha Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:123525 Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 6948 of 2025 Petitioner :- Yogesh Prasad Dwivedi Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Daya Shankar 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 seeking the following relief: "(i) Set aside the impugned order dated 11.03.2024 passed by Additional Chief Judicial Magistrate-I, Jaunpur in Misc. Case No. 25 of 2024 (Yogesh Prasad Dwivedi Vs. Chandrakant Dubey) as well as order dated 06.05.2025 passed by Additional Sessions Judge, F.T.C.-II, Jaunpur in Criminal Revision No. 128 of 2024 (Yogesh Prasad Dwivedi Vs. State of U.P. and Others) (Annedxure-2 to this petition). (ii) direct the learned court to pass a fresh order on the application u/s 156(3) Cr.P.C. filed by the petitioner after affording opportunity of hearing to both parties in the light of judgement and order dated 02.09.2024 in Application u/s 482 Cr.P.C. No. 24716 of 2024 (Mukesh Kharwar Vs. State of U.P. and others). (iii) Issue any other suitable order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case. (iv) award costs to the petitioner." It has been submitted by learned counsel for the petitioner that the petitioner moved an application under Section 156(3) Cr.P.C. before the Additional Chief Judicial Magistrate-I, Jaunpur against the respondents no. 4 to 6 to register the First Information Report but the same has been rejected vide order dated 11.03.2024. Being aggrieved by the said order, the petitioner preferred a criminal revision before the District and Session Judge, Jaunpur which was also rejected vide order dated 06.05.2025. 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 :- 28.7.2025 Puspendra Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad