Disposed¶16

Ashok Kumar v. State of U.P. and 2 Others

Allahabad HC14 May 2025A227/1903/2025

Case brief

AI extract

What is this about?

Article 227 petition; Section 156(3) Cr.P.C. application treated as complaint case; Section 175(3) BNSS fresh application; FIR registration; mandamus; certiorari; Lalita Kumari (2014) 1 SCC (Cri) 524; cognizable offence; Upper Chief Judicial Magistrate Court No. 1 Jhansi; Criminal Misc. Case No. 299 of 2024; Sessions Judge Jhansi; Criminal Revision No. 177 of 2024; revision rejected; Allahabad High Court; Nand Prabha Shukla, J.; 2025:AHC:79090; decided 14.5.2025.

What did the court decide?

Direction that if the petitioner moves a fresh application under Section 175(3) BNSS before the appropriate Court within two weeks, the same shall be heard and decided expeditiously, in accordance with law, within two months; the impugned orders were not quashed and no mandamus for FIR registration was issued. ¶16

Ashok Kumar vs State of U.P. and 2 Others — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the writ of certiorari should issue to quash the order dated 02.04.2024 of the Upper Chief Judicial Magistrate, Court No. 1, Jhansi in Criminal Misc. Case No. 299 of 2024 and the order dated 09.10.2024 of the Sessions Judge, Jhansi in Criminal Revision No. 177 of 2024, the petitioner alleging that there are allegations of commission of a cognizable offence notwithstanding treatment of his Section 156(3) Cr.P.C. application as a complaint case. +1 more

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Ratio / Principle

In light of the judgment of the Hon'ble Apex Court in Lalita Kumari vs. Government of Uttar Pradesh and Others, (2014) 1 SCC (Cri) 524, it is directed that in case the petitioner moves a fresh application under Section 175(3) BNSS before the appropriate Court within two weeks, the same shall be heard and decided expeditiously, in accordance with law, within two months.

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Key takeaways

With the aforesaid direction/observation, the instant petition is disposed of.ratio¶16

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Ms. Nand Prabha Shukla, J.), Matters Under Article 227 No. 1903 of 2025, decided 14.5.2025 [Neutral Citation No. 2025:AHC:79090]: Petition under Article 227 of the Constitution of India by Ashok Kumar seeking certiorari to quash (i) the order dated 02.04.2024 of the Upper Chief Judicial Magistrate, Court No. 1, Jhansi in Criminal Misc. Case No. 299 of 2024 (Ashok vs. Amar Singh and others) and (ii) the order dated 09.10.2024 of the Sessions Judge, Jhansi in Criminal Revision No. 177 of 2024 (Ashok Kumar vs. State of U.P. and others), whereby his application under Section 156(3) Cr.P.C. was directed to be treated as a complaint case and the revision thereagainst was rejected, despite allegations of commission of a cognizable offence, along with a prayer for mandamus to register a police case (F.I.R.) and investigate. Relying on the Apex Court judgment in Lalita Kumari vs. Government of Uttar Pradesh and Others, (2014) 1 SCC (Cri) 524, the Court disposed of the petition directing that if the petitioner moves a fresh application under Section 175(3) BNSS before the appropriate Court within two weeks, the same shall be heard and decided expeditiously, in accordance with law, within two months.

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Neutral Citation No. - 2025:AHC:79090

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Court No. - 81

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Case :- MATTERS UNDER ARTICLE 227 No. - 1903 of 2025

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Petitioner :- Ashok Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Hirdesh Kumar Yadav,Sushma Yadav

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Counsel for Respondent :- G.A.

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Hon'ble Ms. Nand Prabha Shukla,J.

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Heard Smt. Sushma Yadav, learned counsel for the petitioner, learned AGA for the State and perused the record.

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The present petition under Article 227 of the Constitution of India has been filed with the following prayers:

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"(i) Issue a writ, order or direction in the nature of certiorari to quash the order dated 09.10.2024 passed by the Sessions Judge, Jhansi in Criminal Revision No. 177 of 2024 (Ashok Kumar vs. State of U.P. and others) and order dated 02.04.2024 passed by the Upper Chief Judicial Magistrate, Court No. 1, Jhansi in Criminal Misc. Case No. 299 of 2024 (Ashok vs. Amar Singh and others).

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(ii) Issue a writ, order or direction in the nature of mandamus directing the court below to register as Police Case (F.I.R.) and made investigation of the case.

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(iii) Issue any other suitable writ, order or direction, which this Hon'ble Court may deem fit and proper in the present circumstances of the case.

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(iv) Award the cost of the writ petition in favour of the petitioner."

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It has been submitted by learned counsel for the petitioner that an application was moved by the petitioner under Section 156(3) Cr.P.C. which was directed to be treated as a complaint case. The revision filed against the said order, has also been rejected. Though there are allegations of commission of cognizable offence.

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Considering the submission made by the learned counsel for the petitioner and in the light of the judgement of the Hon'ble Apex Court in Lalita Kumari vs. Government of Uttar

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Pradesh and Others, (2014) 1 SCC (Cri) 524 , it is hereby directed that in case the petitioner moves a fresh application under Section 175(3) BNSS before the appropriate Court within two weeks, the same shall be heard and decided expeditiously, in accordance with law within two months.

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With the aforesaid direction/observation, the instant petition is disposed of.

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Order Date :- 14.5.2025 Puspendra

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Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad

Ashok Kumar v. State of U.P. and 2 Others

Case brief

What is this about?

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Ashok Kumar v. State of U.P. and 2 Others

Case brief

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