HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 5249 of 2026 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Supplementary affidavit filed by learned counsel for the applicants in Court today is taken on record. 2. Heard learned counsel for the applicants and learned AGA for the State. 3. The instant application has been preferred for seeking quashing of impugned order dated 16.01.2026 passed by learned Additional Sessions Judge/FTC (14th Finance Commission), Varanasi in Criminal Revision No.78 of 2023 (Dheeraj Singh and Another vs. State of U.P. and Another). 4. Learned counsel for the applicants has submitted that the impugned order passed by learned revisional court is illegal, arbitrary and against the law since while passing the impugned order learned revisional court has crossed its judicial limits at the time of remitting back the matter before learned Executive Magistrate to decide afresh in the light of observation as made in the order dated 16.01.2026. 5. Per contra, learned AGA vehemently opposed the prayer sought through instant application. 6. Since legal argument has been raised by learned counsel for the applicants while challenging the impugned order and as such process to issue notice to opposite party no.2 is hereby dispensed with. 7. Be that as it may, without interfering into the merits of the matter, the impugned order dated 16.01.2026 is hereby modified to the extent that the direction through which matter has to be re-considered only at the stage of Versus Counsel for Applicant(s) : Vishal Shukla Counsel for Opposite Party(s) : G.A. Sharad Singh And Another .....Applicant(s) State Of U.P. And 4 Others .....Opposite Party(s) passing order under section 146(1) Cr.P.C. shall be without free judicial cautious of mind along with evidence available before learned Executive Magistrate. 8. With the aforesaid observation, the instant application stands disposed of. May 7, 2026 Saif NA528 No. 5249 of 2026 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad