Citation : 2025 Latest Caselaw 10015 ALL
Judgement Date : 1 September, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:153828
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 5847 of 2024
Ram Govind Chaturvedi
.....Applicant(s)
Versus
State Of Up And 4 Others
.....Opposite Party(s)
Counsel for Applicant(s)
:
Mukteshwar Upadhyay
Counsel for Opposite Party(s)
:
G.A., Gyanedra Pratap Singh, Ram Asrey Yadav, Sumod Kumar Srivastava
Court No. - 78
HON'BLE NAND PRABHA SHUKLA, J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
The present application under Section 482 has been filed with a prayer to set aside the judgment and order dated 29.08.2023 passed by Additional Sessions Judge/Special Judge, POCSO Act, Court No.2, Varanasi in Criminal Revision No. 57 of 2021 (Ram Govind Chaturvedi v. State of U.P. & others) and order dated 22.01.2021 passed by Chief Judicial Magistrate Varanasi in Case No. 106/2020 (Ram Govind Chaturvedi Vs. Deena Nath Chaube and others).
It has been submitted by learned counsel for the applicant that an application under Section 156(3) Cr.P.C. was moved by the applicant before the Chief Judicial Magistrate, Varanasi bearing Case No. 106/2020 (Ram Govind Chaturvedi v. Deenanath & others) but Chief Judicial Magistrate, Varanasi, vide order dated 20.02.2021 has rejected the application of the applicant. Against the said order, the petitioner preferred a Criminal Revision, which was also rejected vide order dated 29.08.2023.
Considering the aforesaid facts and circumstances of the case, as the allegations discloses commission of a cognizable offence, learned counsel for the applicant wants to avail an alternative remedy by lodging a complaint under Section 210 BNSS.
In case, the petitioner moves a fresh application with complete details to lodge the complaint under Section 210 BNSS within a period of one month from the date of the order, the same may be considered and decided strictly in accordance with law after giving opportunity of hearing to both the parties, if there is no other legal impediment. With the aforesaid direction, the present application is disposed of.
(Nand Prabha Shukla,J.)
September 1, 2025
Aditya Tripathi
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