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2026 DAILYLAW 14285 (ALL)

KAMLA KANT MISHRA v. STATE OF U.P. AND 2 OTHERS

NA528/38557/2026 · 2026-10-05

Saurabh Srivastava

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 38557 of 2026 Court No. - 76 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicant and learned AGA for State. 2. Through instant application, it has been prayed at the behest of applicant to direct the Sub Divisional Magistrate, Tehsil Sirathu, District Kaushambi to comply the order dated 31.01.2026 passed by learned Additional Session Judge, Court No.1, Kaushambi and also hand over paddy to the applicant. 3. It is apparent from the record that proceedings under section 145 Cr.P.C. has already been remanded back to concerned Sub-Divisional Magistrate vide order dated 31.01.2026 passed by learned revisional court in Criminal Revision No.159 of 2025 (Kamal Kant Mishra vs. State of U.P. through Collector Kaushambi and Others). Although date of receiving order dated 31.01.2026 passed by concerned Sub Divisional Magistrate has not been apprised by learned counsel for applicant, but even though nine months have already been passed after order dated 31.01.2026 passed by learned revisional court, but the matter is still pending. 4. In view of aforementioned facts and circumstances of the case, Sub- Divisional Magistrate, Tehsil Sirathu, District Kaushambi is hereby directed to expedite the proceedings of Case No.6148 of 2024 (State vs. Prabhakant Mishra) under section 145 Cr.P.C. within a period of two months from the date of receipt of certified copy of this order after affording proper opportunity of hearing to all concerns. 5. With the aforesaid direction, the instant application stands disposed of. October 6, 2026 Saif Versus Counsel for Applicant(s) : Ashish Mishra, Krishna Kumar Shukla Counsel for Opposite Party(s) : G.A. (Saurabh Srivastava,J.) Kamla Kant Mishra .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad