In a writ petition under Article 227, the court directed that a fresh application under section 175(3) BNS be filed and decided within two months. The petition was disposed of via this direction.
Direction to the appropriate Court to decide a fresh application under section 175(3) BNS within two months.
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Neutral Citation No. - 2025:AHC:77593
Court No. - 81
Case :- MATTERS UNDER ARTICLE 227 No. - 4849 of 2025
Petitioner :- Mohd. Aarif Respondent :- State Of Uttar Pradesh And 4 Others Counsel for Petitioner :- Hariom Kamal Singh,Varad Nath Counsel for Respondent :- G.A.
Hon'ble Ms. Nand Prabha Shukla,J.
Heard Sri Varad Nath learned counsel for the petitioner, learned A.G.A. for the State and perused the record.
The present petition under Article 227 of the Constitution of India has been filed with following prayer:
(i) Issue an order or direction quashing the impugned order dated 02.05.2024 passed by the learned CJM, Banda in Misc. Case No.53 of 2024 and order dated 15.01.2025 in Criminal Revision No.63 of 2024 passed by the learned District and Sessions Judge, Banda (Annexure1)
(ii) Issue an order or direction directing the Inspector Incharge of the Police Station Kotwali Nagar, District Banda to register FIR against the respondent nos. 2, 3, 4 and 5, under sections 419, 420, 467, 468 and 471 IPC.
(iii) Issue any other suitable order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."
It has been submitted by learned counsel for the petitioner that the application moved by the petitioner under section 156(3) Cr.P.C has been rejected without application of mind in a cursory manner and without considering the allegations on merit though prima facie from the reading of the application cognizable offence is made out. The revision filed against the said order, has also been rejected.
Considering the submission made by the learned counsel for the petitioner and in the light of the judgment of the Hon'ble Apex Court in Lalita Kumari vs. Government of Uttar Pradesh & Others, (2014) 1 SCC (Cri) 524 , it is hereby directed that in case the petitioner moves a fresh application under section 175(3) BNS before the appropriate Court, the same shall be heard and decided in accordance with law within a period of two months from the date of production of a certified copy of this order.
With the aforesaid direction/observation, the instant petition is disposed of.
Order Date :- 13.5.2025/Monika
Digitally signed by :- MONIKA KESARWANI High Court of Judicature at Allahabad
2 issues framed by the court
Whether to direct the appropriate Court to hear a fresh application under section 175(3) BNS within two months.
Whether the impugned order rejecting the section 156(3) Cr.P.C application requires quashing.
Colour shows how this judgement treated each authority
Lalita Kumari vs. Government of Uttar Pradesh & OthersApplied¶12
Lalita Kumari vs. Government of Uttar Pradesh & Others, (2014) 1 SCC (Cri) 524 · Who else cites this
3 provisions across 3 enactments
Mohd. Aarif
State Of Uttar Pradesh
Nand Prabha Shukla
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
