Disposed¶13

Rajeev Rathore and Another v. State of U.P. and Another

Allahabad HC17 Apr 2025NA528/12781/2025

Case brief

AI extract

What is this about?

Section 528 BNSS application; expeditious disposal of criminal revision; non-bailable warrant issued by trial court; summoning under Section 193 IPC complaint; Criminal Revision No.284 of 2025; Session Judge Etah; Rajeev Rathore v. State of U.P.; Allahabad High Court; neutral citation 2025:AHC:57259; order dated 17.4.2025.

What did the court decide?

Direction to the learned District and Sessions Judge, Etah to expedite the proceedings of Criminal Revision No.284 of 2025 and decide the same as early as possible; liberty to the applicants to raise their prayer for stay of trial court proceedings before the Revisional Court. ¶13

Rajeev Rathore and Another vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a direction should be issued to the session/revisional court to expedite the proceedings of Criminal Revision No.284 of 2025 and decide it within a specific time frame (the applicants having not pressed their challenge to the non-bailable warrant order dated 02.04.2025).

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Court's answer

The learned District and Sessions Judge, Etah is directed to expedite the proceedings of Criminal Revision No.284 of 2025 and to decide the same as early as possible.

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Ratio / Principle

The applicants are at liberty to raise their prayer regarding stay of proceedings of the trial court before the learned Revisional Court.

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Key takeaways

The application under Section 528 BNSS is disposed of with the aforesaid observations; the applicants did not press the prayer against the impugned order dated 02.04.2025.ratio¶8

Detailed headnote1 paragraphs

Allahabad High Court (Raj Beer Singh, J.) disposed of an application under Section 528 BNSS filed by Rajeev Rathore and another. The applicants, summoned by the Additional Chief Judicial Magistrate, Court No.18, Etah vide order dated 08.04.2024 in a complaint case (Complaint No.23760 of 2023) under Section 193 of IPC, had challenged the trial court's order dated 02.04.2025 issuing non-bailable warrants against them, but that prayer was not pressed at hearing. Their revision (Criminal Revision No.284 of 2025) against the summoning order was pending before the Session Judge, Etah. The Court directed the learned District and Sessions Judge, Etah to expedite the revisional proceedings and decide the same as early as possible, and observed that the applicants would be at liberty to raise their prayer regarding stay of trial court proceedings before the learned Revisional Court.

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Neutral Citation No. - 2025:AHC:57259

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Court No. - 71

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Case :- APPLICATION U/S 528 BNSS No. - 12781 of 2025

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Applicant :- Rajeev Rathore And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nitinjay Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Raj Beer Singh,J.

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Heard learned counsel for the applicants and learned AGA for the State.

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This application under Section 528 BNSS has been preferred against the order dated 02.04.2025 passed by Additional Chief Judicial Magistrate, Court No.18, Etah, in Complaint No.23760 of 2023 (Yaduveer Singh v. Dharmendra Pal Singh and others), under Section 193 of IPC, P.S.- Kotwali Nagar, District- Etah. It is further prayed that a direction may be made to court concerned to decide the Criminal Revision No.284 of 2025 (Rajeev Rathore and others v. State of UP and others) expeditiously.

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After arguing at some length, learned counsel for the applicants submitted that the prayer in respect of the impugned order dated 02.04.2025 is not being pressed and that applicants may be permitted to raise their prayer regarding stay of proceedings of trial court before the session court concerned, where revision is pending, and that a direction may be made to the session/revisional court concerned to expedite the proceedings of aforesaid criminal revision and to decide the same within a specific time frame.

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It appears from record that the applicants were summoned by the trial court vide order dated 08.04.2024. The applicants have filed a revision against said order, which is pending before the

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Session Judge, Etah. Meanwhile, by order dated 02.04.2025, the trial court has issued non-bailable warrant against the applicants.

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In view of the aforesaid, learned District and Sessions Judge, Etah is hereby directed to expedite the proceedings of aforesaid criminal revision and to decide the same as early as possible.

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The applicants would be at liberty to raise their prayer, regarding stay of proceedings of trial court, before the learned Revisional Court.

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With the aforesaid observations, the application under Section 528 BNSS is disposed of .

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Order Date :- 17.4.2025 Rama Kant

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Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad

Rajeev Rathore and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Rajeev Rathore and Another v. State of U.P. and Another

Case brief

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What the court decided

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