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2026 DAILYLAW 14552 (ALL)

SHAMSHAD @ RAJU v. STATE OF U.P. AND ANOTHER

CRLR/3982/2025 · 2026-10-05

Lakshmi Kant Shukla

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 3982 of 2025 Court No. - 84 HON'BLE LAKSHMI KANT SHUKLA, J. 1. List revised. None present on behalf of the revisionist to press this revision, although the name of Mr. Ranjeet Singh, Advocate is duly published in the cause list as counsel for the revisionist. Mr. Shyam Sunder Mishra, learned counsel for opposite party no. 2 and learned A.G.A. representing the State are present. 2. Learned counsel for opposite party no. 2 submitted that vide order dated July 3, 2026 the matter was referred for mediation to the Mediation and Conciliation Center of this Court. A perusal of the report received from the Mediation Center reveals that mediation proceedings between the parties completed and no agreement could be arrived at between them. 3. At this stage, learned counsel for opposite party no. 2 submitted that the impugned order is an ex parte order and remedy against the said order is available to the revisionist to file an application under Section 126 Cr.P.C. before the Trial Court challenging the impugned ex parte order. He, therefore, prays that the present Criminal Revision may be dismissed with liberty to the revisionist to file an appropriate application before the Trial Court challenging the impugned ex parte order. 4. Learned A.G.A. has no objection to the aforesaid prayer of the learned counsel for opposite party no. 2. 5. Accordingly, the present Criminal Revision is dismissed with liberty to Versus Counsel for Revisionist(s) : Ranjeet Singh Counsel for Opposite Party(s) : G.A., Shyam Sunder Mishra Shamshad @ Raju .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) the revisionist to file an application under Section 126 Cr.P.C. before the Trial Court for recalling the impugned ex parte order. 6. It is further provided that the time taken in proceedings before this Court in filing the instant Criminal Revision shall be considered in favour of the revisionist by the Trial Court while disposing of the application under Section 5 of the Limitation Act. October 6, 2026 Brijesh Maurya CRLR No. 3982 of 2025 2 (Lakshmi Kant Shukla,J.) Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad