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

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

What the court decided

AI extract

Outcome

No quashing relief granted; petitioner directed to move a fresh application with complete details to lodge a complaint under Section 210 B.N.S.S. within one month, to be decided in accordance with law after hearing both parties if there is no other legal impediment.

Issue for consideration

Whether the judgment and order dated 27.08.2024 passed in Criminal Revision No. 115 of 2024 and the order dated 03.02.2024 passed in Misc. Application No. 656 of 2024 under Section 156(3) Cr.P.C. (Police Station-Bahariya, District-Prayagraj) should be quashed.

Court's answer

The petitioner has an alternative remedy available: to lodge a complaint under Section 210 B.N.S.S.

Ratio / Principle

If the petitioner moves a fresh application with complete details to lodge the complaint under Section 210 B.N.S.S. within one month from the date of the order, it 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.

Key takeaways

With the aforesaid directions, the petition is disposed of (no quashing of the impugned orders effected).ratio¶11

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 81), MATTERS UNDER ARTICLE 227 No. 2894 of 2025 (Neutral Citation 2025:AHC:45243), Order Date 2.4.2025, Bench: Hon'ble Ms. Nand Prabha Shukla, J. Om Prakash petitioned under Article 227 to quash (i) the judgment and order dated 27.08.2024 of the Additional Sessions Judge/Special Judge (M.P./M.L.A.), Prayagraj in Criminal Revision No. 115 of 2024, and (ii) the order dated 03.02.2024 of the Judicial Magistrate, Court No. 2, Prayagraj in Misc. Application No. 656 of 2024 rejecting his Section 156(3) Cr.P.C. application to lodge an FIR against respondent Nos. 2 and 3 (Police Station-Bahariya, District-Prayagraj). His Section 156(3) application had been rejected on 03.02.2024 and the subsequent Criminal Revision before the District and Sessions Judge, Prayagraj was also rejected. The Court held that the petitioner has an alternative remedy to lodge a complaint under Section 210 B.N.S.S., and directed that if he moves a fresh application with complete details within one month, it be considered and decided strictly in accordance with law after giving opportunity of hearing to both parties, if there is no other legal impediment. With these directions the petition was disposed of.

Neutral Citation No. - 2025:AHC:45243

Court No. - 81

Case :- MATTERS UNDER ARTICLE 227 No. - 2894 of 2025

Petitioner :- Om Prakash Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohd Mohiuddin Siddiqui Counsel for Respondent :- G.A.

Hon'ble Ms. Nand Prabha Shukla,J.

Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record.

By means of the present petition under Article 227 of the Constitution of India, the petitioner has prayed to quash the impugned judgment and order dated 27.08.2024 passed by the learned Additional Sessions Judge/Special Judge (M.P./M.L.A.), Prayagraj in Criminal Revision No. 115 of 2024 (Om Prakash Versus State of U.P. and others) as well as order dated 03.02.2024 passed by the Judicial Magistrate, Court No. 2, Prayagraj in Misc. Application No. 656 of 2024 (Om Prakash Versus Hari Singh and Others) under Section 156(3) Cr.P.C., Police Station-Bahariya, District-Prayagraj.

It has been submitted by learned counsel for the petitioner that an application under Section 156(3) Cr.P.C. was moved by the petitioner before the Trial Court to lodge an FIR against respondent Nos. 2 and 3 but the same was rejected vide order dated 03.02.2024. After dismissal of the application under Section 156(3) Cr.P.C., the petitioner preferred a Criminal Revision before the District and Sessions Judge, Prayagraj which is also rejected.

Considering the aforesaid facts and circumstances of the case, learned counsel for the petitioner has got an alternative remedy to lodge a complaint under Section 210 B.N.S.S.

In case, the petitioner moves a fresh application with complete details to lodge the complaint under Section 210 B.N.S.S. 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 directions, the petition is disposed of.

Order Date :- 2.4.2025

Shivani

Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad