Citation : 2022 Latest Caselaw 494 ALL
Judgement Date : 4 April, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 65 Case :- MATTERS UNDER ARTICLE 227 No. - 1702 of 2022 Petitioner :- Girraj Singh Respondent :- State of U.P. and Another Counsel for Petitioner :- Tahir Ali,Irshad Saleem Counsel for Respondent :- G.A. Hon'ble Rahul Chaturvedi,J.
Heard Shri Tahir Ali, learned counsel for the petitioner; Shri P.S. Sharma, learned counsel for opposite party no.2 and learned A.G.A. Perused the record.
By means of the present petition the petitioner is seeking the quashing of impugned order dated 23.9.2021 passed by the Additional District and Sessions Judge, Court No.4, Mathura while deciding Criminal Revision No.117 of 2015 (Smt. Premlata Devi vs Girraj Singh and others) arising out of order dated 31.3.2015 passed in Case No.01 of 2015 (Smt. Premlata Devi vs Girraj Singh and others, u/s 145 of Cr.P.C., P.S. -Raya, District-Mathura.
Learned counsel for the petitioner has drawn attention of the Court to order dated 31.3.2015 passed by the S.D.M., Math, Mathura in Case No.01 of 2015 (Smt. Premlata Devi vs Girraj Singh and others) u/s 145 Cr.P.C., has ordered not to interfere in the peaceful possession of Girraj Singh over the property in question. Said order was challeged by Smt. Premlata Devi beore the Additional District and Sessions Judge, Court No.4, Mathura who vide order dated 23.9.2021 quashed the order dated 31.3.2015 and remanded back the matter to the court below for afresh consideration in the light of the observations made in that judgment.
I have perused the impugned order in the light of submissions made by learned counsel for the petitioner. Since the matter has been remanded, it is incumbent upon the concerned court below to revisit and reconsider the entire matter and pass suitable order strictly in accordance with law by a well reasoned order within a period of six weeks from the date of production of certified copy of the order, unaffected by the observations made by the revisional court.
With the above observation, this petition stands disposed off.
Order Date :- 4.4.2022
M. Kumar
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