Sandeep Tyagi And Another vs State Of U P And Another
2023 Latest Caselaw 391 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 67
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 9122 of 2022
 

 
Petitioner :- Sandeep Tyagi And Another
 
Respondent :- State Of U P And Another
 
Counsel for Petitioner :- Santosh Kumar Shukla
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Rahul Chaturvedi,J.

Heard learned counsel for the petitioners as well as learned A.G.A.

By means of the present petition, the petitioners are seeking following prayer :-

"(i) Issue an appropriate order or direction to set-aside the judgment and order dated 08.03.2022 passed by Additional Sessions Judge, Court No.18, Ghaziabad in Criminal Revision No.92 of 2020(Smt. Rajani Singh Vs. State of U.P. and others)"

I have perused the revisional order by which learned Revisional Court has set-aside the order passed by the learned Magistrate dated 24.06.2020 and have directed to pass a fresh order in the light of the observations made in the revisional court judgment.

I have perused the judgment and without making any comment either ways, order dated 08.03.2022 passed by learned Revisional Court is modified to the extent that if the matter is remanded back, learned Magistrate shall apply his own judicial mind upon the material available to him and after taking the help of the established legal principles in this regard, would pass a fresh order unaffected by any of the observations made by learned Revisional Court within a period of three months by passing a well reasoned order.

With the aforesaid observations, the present petition stands disposed of.

Order Date :- 4.1.2023

Sumit S