Ajay Pal v. Shiv Raj Singh

Court No. - 49

Case :- MATTERS UNDER ARTICLE 227 No. - 2059 of 2023 Petitioner :- Ajay Pal Respondent :- Shiv Raj Singh Counsel for Petitioner :- Ashutosh Tiwari,Satya Prakash Tripathi

Hon'ble Rajeev Misra,J.

1. Heard Mr.Satya Prakash Tripathi, the learned counsel for petitioner and the learned A.G.A. for State.

1. Perused the record.

1. This petition under Article 227 of the Constitution of India has been filed challenging order dated 03.02.2023 passed by Additional Sessions Judge/Special Judge, POCSO Act, Sambhal at Chandausi in Criminal Revision No. 125 of 2022 (Shiv Raj Singh Vs. State of U.P. and others) whereby aforementioned criminal revision has been allowed and the matter has been remanded to the concerned Magistrate for decision afresh in the light of the observations made in aforementioned order.

1. At the very outset, the learned A.G.A. has raised a preliminary objection by submitting that since petitioner is a prospective accused in aforementioned criminal revision, as such he has no locus at this stage for filing aforementioned petition before this Court. On the above premise, the learned A.G.A. submits that present petition is liable to be dismissed.

1. When confronted with above, the learned counsel for petitioner could not overcome the same.