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2025 DAILYLAW 79900 (ALL)

PRATEEK KAUSHAL v. STATE OF U.P. AND 3 OTHERS

A227/8018/2025 · 2025-08-20

Nand Prabha Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:143326 Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 8018 of 2025 Petitioner :- Prateek Kaushal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vikas Srivastava Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for petitioner, learned AGA for the State and perused the record. The instant petition under Article 227 of the Constitution of India has been filed seeking the following reliefs:- "i issue a writ order or direction in nature of certiorari for set-aside the impugned order dated 19-07-2022 passed by Learned Judicial Magistrate Jalaun at Orai in Criminal Misc. Case No. 3881 of 2021 (Prateek Kaushal Vs. Ramanand Gupta and others) U/s 156(3) Cr.P.C., Police station-Kotwali Orai, District-Jalaun, including the revisional order dated 03-07-2025 passed by Additional District & Sessions Judge/Special Judge (SC/ST Act) Jalaun at Orai in criminal Misc. Case No.34 of 2023 (Prateek Kaushal v. State of U.P. & others), (Annexure No. 1 to this writ petition.)" It has been submitted by learned counsel for the petitioner that the petitioner had moved an application under Section 156(3) of Cr.P.C., which was treated as a complaint case and after recording the statement of the complainant and the witnesses on oath under Section 200 and 202 Cr.P.C., the complaint was rejected under Section 203 Cr.P.C. Being aggrieved by the said order, the petitioner has preferred a revision along with delay condonation application and the said application was dismissed, therefore, the petitioner could not be heard and filed the present writ petition. Upon hearing learned counsel for the petitioner and from perusal of the records, it transpires that the incident took place on 20.03.2018 and the petitioner moved an application on 10.07.2019 to the authorities and subsequently, on 08.06.2020 filed an application under Section 156(3) Cr.P.C., was moved and no reason has been given for the delay in moving the application. From perusal of the records, it also transpires that the father of the petitioner has filed a tenancy suit against the said respondents which is pending decision. Therefore, the dispute being in civil nature has been tried to give colour of criminality. Therefore, this court does not find any illegality in the order impugned. Accordingly, no interference is required and the writ petition is dismissed. Order Date :- 21.8.2025 Aditya Tripathi Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad