Krishan Kant Vs State of U.P. and Another — Writ and Judicial Review | Allahabad HC (2025)

Krishan Kant Vs State of U.P. and Another — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Petition disposed of with directions; the impugned orders were not set aside. Liberty effectively left with the petitioner to move a fresh application with complete details to lodge a complaint under Section 190 Cr.P.C. within one month, to be considered and decided strictly in accordance with law after hearing both parties, if there is no other legal impediment.

Issue for consideration

Whether the orders dated 14.08.2023 of the Judicial Magistrate, Court No. 3, Ghazipur (rejecting the petitioner's Section 156(3) Cr.P.C. application) and dated 14.11.2024 of the Sessions Judge, Ghazipur (rejecting the petitioner's revision) should be set aside.

Court's answer

The petitioner has an alternative remedy to lodge a complaint under Section 190 Cr.P.C.

Ratio / Principle

If the petitioner moves a fresh application with complete details to lodge a complaint under Section 190 Cr.P.C. within one month from the date of the order, the same is to be considered and decided strictly in accordance with law after giving opportunity of hearing to both parties, if there is no other legal impediment.

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Ms. Nand Prabha Shukla, J.), MATTERS UNDER ARTICLE 227 No. 6856 of 2025, order dated 18.7.2025 (Neutral Citation No. 2025:AHC:116510): Krishan Kant v. State of U.P. and Another. Petition under Article 227 of the Constitution of India praying to set aside (i) the order dated 14.08.2023 of the learned Judicial Magistrate, Court No. 3, Ghazipur passed in Criminal Misc. Case No. 1145 of 2023 (Krishan Kant Vs. Rampravesh Ram and others) rejecting the petitioner's application under Section 156 (3) Cr.P.C., and (ii) the order dated 14.11.2024 of the learned Sessions Judge, Ghazipur passed in Criminal Revision No. 254 of 2023 (Krishan Kant Vs. State of U.P. and another) rejecting the petitioner's revision. Observing that the petitioner has an alternative remedy to lodge a complaint under Section 190 Cr.P.C., the High Court directed that if the petitioner moves a fresh application with complete details within 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 parties, if there is no other legal impediment. Petition disposed of.

Neutral Citation No. - 2025:AHC:116510

Court No. - 85

Case :- MATTERS UNDER ARTICLE 227 No. - 6856 of 2025

Petitioner :- Krishan Kant Respondent :- State of U.P. and Another Counsel for Petitioner :- Gavendra Kumar Mishra Counsel for Respondent :- G.A.

Hon'ble Ms. Nand Prabha Shukla,J.

Heard Ms. Neelam Yadav, holding brief of Sri Gavendra Kumar Mishra, 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 set aside the order of learned Judicial Magistrate, Court No. 3, Ghazipur dated 14.08.2023 passed in Criminal Misc. Case No. 1145 of 2023 (Krishan Kant Vs. Rampravesh Ram and others) and order of learned Sessions Judge, Ghazipur dated 14.11.2024 passed in Criminal Revision No. 254 of 2023 (Krishan Kant Vs. State of U.P. and another).

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 learned Judicial Magistrate, Court No. 3, Ghazipur, but the same was rejected vide order dated 14.08.2023. Against the said order, the petitioner preferred a Criminal Revision before the Court of District and Sessions Judge, Ghazipur, which was also rejected vide order dated 14.11.2024.

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 190 Cr.P.C.

In case, the petitioner moves a fresh application with complete details to lodge the complaint under Section 190 Cr.P.C. 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 :- 18.7.2025 Shivani

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