Allowed

Sunil Rai v. State of U.P. and 4 Others

Allahabad HC5 Oct 2025A482/41638/2024

Case brief

AI extract

What is this about?

The High Court quashed the Magistrate's order rejecting the applicant's second application under Section 155(2) CrPC, which had been dismissed earlier for non-appearance. The Court held that since the first application was not decided on merits, the second application should be heard on merits and remanded the matter to the Magistrate.

What did the court decide?

Application under Section 482 CrPC allowed; impugned order set aside; matter remanded to Magistrate to decide application under Section 155(2) CrPC on merits.

Sunil Rai Vs State of U.P. and 4 Others — Quashing and FIR | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 482 No. - 41638 of 2024

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Sunil Rai		.....Applicant(s)
	Versus
State Of U.P. And 4 Others		.....Opposite Party(s)
Counsel for Applicant(s)		: Vijay Kumar Dubey
Counsel for Opposite Party(s)		: G.A.

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Court No. - 89

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HON'BLE JITENDRA KUMAR SINHA, J.

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Heard Sri Vijay Kumar Dubey, learned counsel for the applicant and Sri J.P. Singh, learned AGA for the State respondents.

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Present application u/s 482 CrPC has been filed for quashing the impugned order dated 19.4.2023 passed by the Chief Judicial Magistrate, Sant Kabir Nagar in Criminal Misc. Case No. 217 of 2023 (Sunil Rai vs. Anand Pathak and others), arising out of NCR No. 47 of 2021, under Sections 323, 504, 352 IPC, P.S. Mahuli, District Sant Kabir Nagar whereby the Magistrate has rejected the application filed under Section 155(2) CrPC by the applicant.

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It is contended by the learned counsel for the applicant that the applicant filed a non-cognizable report (NCR) for the offence under Sections 323, 504, 352 IPC. It is submitted that an application under Section 155(2) CrPC was filed by the applicant before the Magistrate seeking a direction to the police to investigate the said case but the same was dismissed for non-presence of the applicant. It is submitted that the second application was filed seeking the same relief, which has been rejected by the learned Magistrate on the ground that he has no jurisdiction to review or recall his earlier order vide order impugned herein.

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On the other hand, learned AGA submits that there is no provision in Criminal Procedure Code for filing the second application under Section 155(2) CrPC, however, he does not dispute the fact that the application of

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A482 No. 41638 of 2024

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the applicant filed under Section 155(2) CrPC has not been disposed of on merits.

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A non-cognizable report (NCR) for the offence under Sections 323, 504, 352 IPC was filed by the applicant and an application under Section 155(2) CrPC was filed seeking a direction to the police to investigate the matter. The said application under Section 155(2) CrPC was dismissed on account of non-presence of the applicant. The second application has been filed seeking the same relief before the learned Magistrate, which has been rejected by the order impugned herein. The facts remains that the application filed under Section 155(2) CrPC has not been disposed of on merits.

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In view of the above, and in the interest of justice, application filed by the applicant under Section 155(2) CrPC needs to be decided on merits by the learned Magistrate.

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In view of the above, present application u/s 482 CrPC stands allowed . The impugned order dated 19.4.2023 passed by the Chief Judicial Magistrate, Sant Kabir Nagar in Criminal Misc. Case No. 217 of 2023 (Sunil Rai vs. Anand Pathak and others), arising out of NCR No. 47 of 2021, under Sections 323, 504, 352 IPC, P.S. Mahuli, District Sant Kabir Nagar is set aside.

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The matter is remanded to the learned Magistrate to consider the application of the applicant filed under Section 155(2) CrPC afresh and decide the same on merits after hearing the applicant, preferably within a period of three months from the date of production of certified copy of this order.

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(Jitendra Kumar Sinha,J.)

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October 6, 2025 Abhishek

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Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad

Sunil Rai v. State of U.P. and 4 Others

Case brief

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Sunil Rai v. State of U.P. and 4 Others

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