Amit Yadav Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Amit Yadav Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Section 482 Cr.P.C. application disposed of with direction to prefer revision before the learned revisional court against the order dated 04.04.2024; clarification that no coercive action shall be initiated against the applicant till filing of the revision within one month

Issue for consideration

Whether the cognizance-taking order dated 04.04.2024 passed by the Additional Judicial Magistrate, Court No.25, Deoria, and the entire proceedings of Criminal Case No.6087 of 2024 (arising out of Case Crime No.186 of 2023) are liable to be quashed under section 482 Cr.P.C., with a stay of further proceedings. +1 more

Court's answer

Without entering into the merits, the section 482 Cr.P.C. application is disposed of with direction to the applicant to prefer revision before the learned revisional court challenging the order dated 04.04.2024, in view of the unanswered preliminary objection that the order is revisable under section 397 Cr.P.C.

Ratio / Principle

As an operative protective direction accompanying the disposal, no coercive action shall be initiated against the applicant till filing of the revision, which is to be preferred within a stipulated period of one month.

Detailed headnote1 paragraphs

Allahabad High Court (Saurabh Srivastava, J.; Neutral Citation 2025:AHC:40505; Order Date 20.3.2025) disposed of an application under section 482 Cr.P.C. by Amit Yadav seeking quashing of the cognizance-taking order dated 04.04.2024 passed by the Additional Judicial Magistrate, Court No.25, Deoria, and the entire proceedings of Criminal Case No.6087 of 2024 (State vs. Amit Yadav), arising out of Case Crime No.186 of 2023 under sections 268, 505(1)(b) I.P.C. and sections 3/7/27 Arms Act, P.S. Khukhundu, District Deoria, together with a stay of those proceedings. At the outset, the learned A.G.A. objected that the impugned order had not been challenged before the revisional court despite being revisable under section 397 Cr.P.C.; counsel for the applicant could not overcome this objection and pressed only the absence of video proof from the charge-sheet. Without interfering with the merits, the Court disposed of the application with a direction to prefer revision against the order dated 04.04.2024 before the learned revisional court, and made clear that no coercive action shall be initiated against the applicant till filing of the revision within a stipulated period of one month.

Neutral Citation No. - 2025:AHC:40505

Court No. - 74

Case :- APPLICATION U/S 482 No. - 24465 of 2024

Applicant :- Amit Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kumar Ashutosh Srivastava,Nagendra Bahadur Singh Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Srivastava,J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

The instant application under section 482 Cr.P.C. has been preferred with a prayer to quash the cognizance taking order dated 04.04.2024 passed by learned Additional Judicial Magistrate, Court No.25, Deoria and the entire proceedings of Criminal Case No.6087 of 2024 (State vs. Amit Yadav) arising out of Case Crime No.186 of 2023, under sections 268, 505(1)(b) I.P.C. and sections 3/7/27 Arms Act, P.S. Khukhundu, District Deoria, pending in the court of learned Additional Judicial Magistrate, Court No.25, Deoria as well as to stay the further proceedings of abovementioned criminal case.

At the very outset, learned A.G.A. raised a preliminary objection by way of submitting that the order impugned in the present application has not been challenged before learned revisional court, whereas the same is revisable under section 397 Cr.P.C.

When confronted with above, learned counsel for the petitioner could not overcome the same, but at the same time he submitted that without any substantial proof in shape of videos, which is not mentioned even in the charge-sheet, the order dated 04.04.2024 has been passed against the applicant and the same is liable to be quashed.

Considering the arguments raised by learned counsel for the parties and without interfering into the merits of the matter, the instant application is finally disposed of with direction to prefer revision for challenging order dated 04.04.2024 before learned revisional court.

However, it is made clear that no coercive action shall be initiated against the applicant till filing of revision, which will be preferred within stipulated period of one month.

Order Date :- 20.3.2025

Saif

Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad