Naiyyar Alam @ Nayyar Alam Abdul ... vs State Of U.P. And 8 Othrs
2022 Latest Caselaw 3939 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 2
 

 
Case :- APPLICATION U/S 482 No. - 11862 of 2022
 

 
Applicant :- Naiyyar Alam @ Nayyar Alam Abdul Khan
 
Opposite Party :- State Of U.P. And 8 Othrs
 
Counsel for Applicant :- Brijesh Kumar Sharma
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Dr. Kaushal Jayendra Thaker,J.

After I passed the order in the open Court certain facts are re-argued and it is clear that Chak-marg in Arazi No.261 area 0.097 hectare, the revision could not have been dismissed by the learned Sessions Judge vide order dated 04.04.2022, the Review No. Nil of 2022, the order therein shall remain stayed.

The order dated 30.3.2022 passed by Chief Judicial Magistrate confirmed by the Revisional Court is under challenge. The revision petitioner has an alternative efficacious remedy.

Thus, I do not find any reason to interfere in the well reasoned order dated 4.4.2022 and the order passed by learned Magistrate as it is clear that the criminal machinery is moved and Section 156 (3) of Cr.P.C is invoked while passing the order.

The learned Judge has relied on the judgment of this Court titled Sukhwasi v. U.P. State, 2007 ALJ 424, thus no fault can be found with the said orders.

Hence, this application stands dismissed.

Order Date :- 24.5.2022

A.N. Mishra