Ram Prasad @ Parsadi vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

Ram Prasad @ Parsadi vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Notice ordered to be issued to respondent no.2 returnable at an early date; SDM Preeti Tiwari directed to file a personal affidavit with para-wise reply within ten days; case to be listed on 3.3.2025 as fresh. Interim order; no merits adjudicated.

Issue for consideration

Whether the impugned order was passed by the SDM, Musafirkhana, District Amethi in a collusive manner, as submitted by learned counsel for the revisionist. +1 more

Ratio / Principle

From perusal of the record, the Court found that the entire process - filing of the complaint, issuance of inquiry directions, on-site investigation by the Sub-Inspector, submission of a detailed report, and the order to stop the poultry farm - was completed on 3.8.2024 itself, which prima facie smacks of malafide.

Key takeaways

Preeti Tiwari, Sub Divisional Magistrate, Musafirkhana, who passed the order dated 3.8.2024 (annexed as Annexure-20 to the application), is directed to file a personal affidavit giving a para-wise reply to the contents of the application within ten days.ratio¶12

Detailed headnote1 paragraphs

Criminal Revision No. 201 of 2025 (Allahabad High Court, Lucknow Bench; order dated 19.2.2025; Karunesh Singh Pawar, J.) filed by Ram Prasad @ Parsadi against the order dated 1.2.2025 of the SDM, Musafirkhana, District Amethi in Case No.4435 of 2024 under Section 133 Cr.P.C. Counsel contended the SDM acted collusively; counsel pointed out that the complaint of respondent no.2, the inquiry direction, the same-day on-site investigation by Sub-Inspector Mahendra Singh, the report under Section 152 BNSS, and the Section 152(1) BNSS order closing the poultry farm were all completed on 3.8.2024. Perusing the record, the Court found the whole process was completed on 3.8.2024 itself, which prima facie smacks of malafide, and accordingly directed SDM Preeti Tiwari to file a personal affidavit giving a para-wise reply within ten days, issued notice to respondent no.2, and listed the case fresh for 3.3.2025. Interim order only; no precedent relied upon; no monetary quantum.

Court No. - 16

Case :- CRIMINAL REVISION No. - 201 of 2025

Revisionist :- Ram Prasad @ Parsadi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Revisionist :- Vipul Tripathi,Om Prakash Prajapati,Piyush Pathak Counsel for Opposite Party :- G.A.

Hon'ble Karunesh Singh Pawar,J.

Heard learned counsel for the revisionist and learned A.G.A. for respondent State.

The present criminal revision has been filed by the revisionist against the order dated 1.2.2025 passed by Sub Divisional Magistrate, Tehsil Musafirkhana, Ayodhya Division, District Amethi in Case No.4435 of 2024 under Section 133 Cr.P.C.

Issue notice to respondent no.2 returnable at an early date.

Submission of learned counsel for the revisionist is that the SDM, Musafirkhana, District Amethi in a collusive manner has passed the impugned order.

He has drawn attention of the Court towards the complaint made by respondent no.2 on 3.8.2024. He submits that upon this complaint, an inquiry was directed and as such Sub-Inspector- Mahendra Singh, is alleged to have conducted the investigation on same day i.e. 3.8.2024 and a report under Section 152 BNSS was submitted before the Sub Divisional Magistrate on 3.8.2024. The Sub Divisional Magistrate on 3.8.2024, while discussing the report submitted by Investigating Officer, has passed the order under Section 152(1) BNSS directing the closure of poultry farm. Consequently impugned order dated 1.2.2025 appears to have been passed.

Perused the record.

From perusal of the record, it appears that the entire process, such as, filing of the complaint, issuance of inquiry directions, on-site investigation by the Sub-Inspector, submission of a detailed report, and the order to stop the poultry farm, was completed on 3.8.2024 itself, which prima facie smacks malafide.

In view of the above, Preeti Tiwari, Sub Divisional Magistrate, Musafirkhana, who has passed the order dated 3.8.2024, which is annexed as Annexure-20 to the application, is directed to file a personal affidavit giving para-wise reply to the contents of the application within ten days' from today.

List this case on 3.3.2025 as fresh.

Order Date :- 19.2.2025

Madhu D.R/P.S

Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench