Rajesh v. State of U.P. and Another

Allahabad HC11 Dec 2025CRLR/7971/2025

Case brief

AI extract

What is this about?

criminal revision; discharge application dismissed; Section 227 Cr.P.C.; Section 250 B.N.S.S.; Sections 413, 414, 420 I.P.C.; Sections 411 I.P.C.; Sections 41/102 Cr.P.C. deleted; recovery of stolen JCB KOMATSU parts; container No. NL01N6145; interim stay of sessions trial proceedings; Bulandshahar; P.S. Bhawan Bahadur Nagar; Case Crime No. 153 of 2022; Sessions Case No. 2928 of 2025; Rajesh v. State of U.P.; Allahabad High Court; Abdul Shahid, J.

What did the court decide?

Interim stay of operation of the impugned order dated 16.10.2025 and of proceedings against the revisionist till the next date of listing; three weeks' time to learned A.G.A. to file counter affidavit on behalf of opposite parties nos. 1 and 2, rejoinder within two weeks thereafter; matter to be listed thereafter. Final disposal deferred. ¶¶20

Rajesh vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

¶¶20

Issue for consideration

Whether the criminal revision against dismissal of the revisionist's discharge application under Section 227 Cr.P.C. (Section 250 B.N.S.S.) warrants interim stay of the impugned order dated 16.10.2025 and of the proceedings against the revisionist pending further consideration of the matter.

¶¶17

Court's answer

Interim direction: operation of the impugned order dated 16.10.2025 passed by the Additional Sessions Judge, Court No. 12, Bulandshahar, shall remain stayed, and proceedings against the revisionist Rajesh shall remain stayed till the next date of listing; learned A.G.A. granted three weeks to file counter affidavit, rejoinder within two weeks thereafter.

¶¶20

Detailed headnote1 paragraphs

Allahabad High Court, Criminal Revision No. 7971 of 2025 (Rajesh v. State of U.P. and Another), Abdul Shahid, J., 11.12.2025 — Interim order. Operation of the order dated 16.10.2025 of the Additional Sessions Judge, Court No. 12, Bulandshahar, in Sessions Case No. 2928 of 2025 (State Versus Bijendra and others), arising out of Case Crime No. 153 of 2022, P.S. Bhawan Bahadur Nagar, District Bulandshahar, under Sections 420, 413, 414 I.P.C., dismissing the revisionist's discharge application (Paper No. 7-B, filed 02.09.2025) under Section 227 Cr.P.C. (Section 250 B.N.S.S.), stayed; proceedings against revisionist Rajesh stayed till next date of listing; A.G.A. granted three weeks to file counter affidavit. Court noted that after investigation the theft provisions (Sections 41/102 Cr.P.C.) were deleted as no theft was found, the charge sheet was filed only under Sections 414, 413, and 420 I.P.C., and the vehicle and seized scrap material had been released as unconnected with any theft.

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD

¶2

CRIMINAL REVISION No. - 7971 of 2025

Rajesh

.....Revisionist(s)

Versus

State of U.P. and Another

¶7

.....Opposite Party(s)

¶8

Counsel for Revisionist(s) : Sanjai Kumar Pandey Counsel for Opposite Party(s) : G.A.

¶9

Court No. - 91

¶10

HON'BLE ABDUL SHAHID, J.

¶11

Heard learned counsel for the revisionist and learned A.G.A. for the State. 2. The present criminal revision has been filed by the revisionist against the impugned order dated 16.10.2025 passed by the learned Additional Sessions Judge, Court No. 12, Bulandshahar, in Sessions Case No. 2928 of 2025 (State Versus Bijendra and others), arising out of Case Crime No. 153 of 2022, under Sections 420, 413, 414 I.P.C., Police Station Bhawan Bahadur Nagar, District Bulandshahar, dismissing the application Paper No. 7-B filed by the revisionist on 02.09.2025 under Section 227 Cr.P.C. (Section 250 B.N.S.S.).

¶12

The F.I.R. was registered under Sections 41/102 Cr.P.C. and Sections 411, 413, 420 I.P.C. against the accused persons, namely, Bijendra and Rajesh. There was a recovery of 04 engine pipe lines, 13 parts of loader (JCB KOMATSU), 16 control valves (JCB KOMATSU), and 02 hydraulic pumps (JCB KOMATSU). Two persons were arrested and the case was registered. It is alleged that container No. NL01N6145 was stopped on the allegation that it contained stolen articles, i.e., engine parts of JCB machines. The driver, Bijendra son of Ram Pal, and another person accompanying him, Rajesh son of Ramji, were searched. Nothing incriminating was found from their personal search. When the container body was opened on the instructions of the police personnel, several iron parts and machine engines were found, which were alleged to be stolen JCB parts. On this basis, the case was registered under Sections 41/102 Cr.P.C. and 411, 413, 420 I.P.C.

¶13

After completion of investigation, Sections 41/102 Cr.P.C. were deleted because no theft was found. The charge sheet was filed only under Sections 414, 413, and 420 I.P.C. The very basis on which the entire material had been seized, alleging theft was not substantiated. No theft was found and no

¶14

CRLR No. 7971 of 2025

¶15

¶16

charge sheet was filed under any provision relating to theft. The alleged recovered material was also not connected with any theft case. The vehicle in question was released and the scrap material/goods were also released as nothing was found to be connected with any theft.

¶17

In view thereof, the matter requires consideration.

¶18

Learned A.G.A. is granted three weeks' time to file a counter affidavit on behalf of opposite parties nos. 1 and 2. Rejoinder affidavit, if any, may be filed within two weeks thereafter.

¶19

List thereafter.

¶20

Meanwhile, the operation of the impugned order dated 16.10.2025 passed by the learned Additional Sessions Judge, Court No. 12, Bulandshahar, in Sessions Case No. 2928 of 2025 (State Versus Bijendra and others), arising out of Case Crime No. 153 of 2022, under Sections 420, 413, 414 I.P.C., Police Station Bhawan Bahadur Nagar, District Bulandshahar, shall remain stayed. The proceedings against the revisionist Rajesh, son of Shri Ram Jeet, shall remain stayed till the next date of listing.

¶21

December 11, 2025 K.K. Maurya

¶22

(Abdul Shahid,J.)

¶23

Digitally signed by :- KAMLESH KUMAR MAURYA High Court of Judicature at Allahabad

Rajesh v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Rajesh v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Prasun Dwivedi and 4 Others vs State of U.P. and 3 Others

Divisional Manager, Cholamandalam M.S. General Insurance Company Ltd. vs Mohammad Saiyad Ali and Another

Mulayam vs State of U.P.

Rina Baral vs State of U.P. and Another

Prashant Meena vs State of U.P. and Another

Aniket Kumar vs State of U.P. and Another