Eklakh Khan vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 5384 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 16
 

 
Case :- APPLICATION U/S 482 No. - 3927 of 2022
 
Applicant :- Eklakh Khan
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home And Others
 
Counsel for Applicant :- Adil Aziz Khan,Bajhul Quamar Siddiqui
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Brij Raj Singh,J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

The present application has been filed with a prayer to quash the judgment and order dated 20.05.2022 passed by the Revisional Court in Criminal Revision No.115 of 2020 (Juber Ahmad and another Vs. Ekhlakh Khan @ another).

The Sub-Divisional Magistrate, Rudauli, District Faizabad passed the order orders under Sections 145 (1) and 146 (1) Cr.P.C. on 31.10.2020 which was an ex parte order, against which the revision was preferred before the Sessions Court and by the impugned order the matter has been remanded back to Sub-Divisional Magistrate, Rudauli, District Faizabad. The Sessions Court had made observation that while the proceeding under Section 146 (1) Cr.P.C. the Sub-Divisional Magistrate called report from the police and the impugned order was passed without ascertaining the factual aspect. The Sessions Court has recorded the finding that there is no specific finding that the matter is so urgent and how the order has been passed under Section 146(1) Cr.P.C. in haste.

Since it is matter of remand and the case is going to be heard by Sub-Divisional Magistrate, in pursuance of the remand order I do not find any illegality or irregularity in the order passed by the Revisional Court, however, I direct the Sub-Divisional Magistrate, Rudauli, District Faizabad concerned to take expeditious decision in the matter after affording opportunity of hearing to the parties within six weeks from today.

In view of the aforesaid observations/directions, the writ petition stands disposed of.

It is made clear that the observations made by this Court will not influence the Sub-Divisional Magistrate in any manner.

Order Date :- 24.6.2022/Atul