Neutral Citation No. - 2025:AHC:25171 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 534 of 2025 Petitioner :- Vikhyat Bhambri And 2 Others Respondent :- State Of Uttar Pradesh And Another Counsel for Petitioner :- Syed Ali Imam Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Syed Ali Imam, learned counsel for petitioners and learned AGA for the State. 2. The present petition has been preferred with the following relief:- "i) to set aside the impugned judgment and order dated 16.10.2024, passed by the Additional District and Sessions Judge, Court No. 6, Gautam Buddh Nagar in Criminal Revision No. 558 of 2023 (Abhishek Ahuja Vs. State of U.P. & Others) arising out of Case Crime No. 676 of 2022, under sections 420, 467, 468, 471, 406, 323, 506 I.P.C., Police Station Surajpur, District Gautam Buddh Nagar." 3. It is the case of petitioners that through an application under section 156(3) Cr.P.C., the respondent no. 2 lodged an FIR against the petitioners and some unknown persons wherein after detailed investigation, final report was submitted in favour of the petitioners and the same has been challenged by way of filing protest petition at the behest of respondent no. 2 before the learned Judicial Magistrate, Gautam Buddh Nagar. Thereafter, the learned concerned court vide its order dated 02.06.2023, accepted the final report and rejected the protest petition filed by the respondent no. 2. Being aggrieved with the order dated 02.06.2023, the respondent no. 2 preferred Criminal Revision No. 558 of 2023 (Abhishek Ahuja Vs. State of U.P. & Others) which was allowed ex-parte, without service of notice upon the petitioners, by learned Court of Additional District and Sessions Judge, Court No. 6, Gautam Buddh Nagar vide order dated 16.10.2024, which impugned the present petition. 4. It is submitted by learned counsel for the petitioners that the concerned court without considering the facts and circumstances of the case, in a routine manner, without service of notice, ex-parte allowed the Criminal Revision preferred at the behest of the respondent no. 2, which is totally illegal and arbitrary. 5. Per contra, learned AGA vehemently opposed the prayer made through the instant petition and rebutted the stand taken up by learned counsel for petitioners. 6. After having the rival contentions raised by learned counsel for parties, the order impugned is hereby modified to the extent that fresh arrival over the protest petition as directed by learned revisional court vide order dated 16.10.2024, which impugned the present petition, the ground mentioned by learned revisional court shall not be taken into consideration by learned concerned court, rather the fresh arrival of learned concerned court will be dependent upon free conscious of legal application of mind by the learned concerned court. 7. The writ petition stands disposed of accordingly. Order Date :- 20.2.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad