Dismissed¶18

Om Prakash Rai and 3 Others v. State of U.P. and Another

Allahabad HC5 May 2026A227/6737/2023

Case brief

AI extract

What is this about?

Allahabad High Court; MATTERS UNDER ARTICLE 227 No. 6737 of 2023; Anil Kumar-X, J.; maintainability of Article 227 petition against interlocutory remand order; order dated 21.03.2023 in Criminal Revision No. 153 of 2016 (Anjani Kumar Rai vs. State of U.P.) remanding matter to trial court; FIR Case Crime No. 119 of 2016 under Section 3/4 D.P. Act and Sections 304B, 498A IPC; cognizance by CJM Azamgarh dated 25.11.2016; application under Section 156(3) CrPC rejected 21.06.2016; counterblast allegation; petition dismissed.

What did the court decide?

The impugned order dated 21.03.2023 passed in Criminal Revision No.153 of 2016 (Anjani Kumar Rai vs. State of U.P.) is interlocutory in nature, and such orders are not amenable to interference in exercise of jurisdiction (under Article 227 of the Constitution of India). ¶17

Om Prakash Rai and 3 Others Vs State of U.P. and… — Writ and Judicial Review | Allahabad HC (2026)

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HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 6737 of 2023

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Om Prakash Rai And 3 Others

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.....Petitioner(s)

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Versus

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State of U.P. and Another	.....Respondent(s
Counsel for Petitioner(s)	: Saurabh Chaturvedi
Counsel for Respondent(s)	: G.A., P.K. Singh, R.K.Paramhans Singh

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.....Respondent(s)

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Court No. - 89

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HON'BLE ANIL KUMAR-X, J.

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Heard Sri Anurag Dwivedi holding brief fo Sri Saurabh Chaturvedi, learned counsel for petitioner, learned counsel for private respnodent and Sri Prateek Tyagi, learned AGA for State respondent.

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By means of this petition under Article 227 of the Constitution of India, the petitioner has prayed that this Hon'ble Court may be pleased to set aside the order dated 21.3.2023 passed by learned Additional District and Sessions Judge/ F.T.C.-01, Azamgarh in Criminal Revision No.153 of 2016 ( Anjani Kumar Rai Vs. State of U.P.

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3. Learned counsel for the petitioner had lodged an FIR bearing Case Crime No. 119 of 2016 under Section 3/4 D.P. Act and Sections 304B, 498A IPC. In the said FIR, charge sheet was submitted and cognizance was taken by the learned CJM Azamgarh vide it's order dated 25.11.2016 and the respondents were summoned to face trial. It is submitted that the respondents as a counterblast to the proceedings moved an application under Section 156(3) CrPC which was rejected by the learned CJM Azamgarh on 21.06.2016. However, the respondents challenged the same by by preferring a Criminal Revision No. 153 of 2016 (Anjani Kumar Rai vs. State of U.P.). The revisional court allowed the aforesaid criminal revision on 21.03.2023 by setting aside the order dated 21.06.2016 and remanded the matter back to the learned trial court to consider the allegations afresh. Learned counsel submitted that the order passed by the revisional court by interfering the order dated 21.03.2023 is illegal and is liable to be set aside.

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Learned AGA submitted that impugned order passed by the revisional

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A227 No. 6737 of 2023

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court remanding the matter back for fresh consideration is an interlocutory order and as such cannot be interfered under Article 227 of the Constitution of India.

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Heard learned counsel for the parties and perused the record.

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The impugned order dated 21.03.2023 passed in the aforesaid Criminal Revision No.153 of 2016 (Anjani Kumar Rai vs. State of U.P.) is interlocutory in nature and such orders are not amenable to be interfered in exercise of jurisdiction.

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This petition is, accordingly, dismissed.

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May 6, 2026 Mukesh

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(Anil Kumar-X,J.)

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Digitally signed by :- MUKESH SRIVASTAVA High Court of Judicature at Allahabad

Om Prakash Rai and 3 Others v. State of U.P. and Another

Case brief

What is this about?

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Om Prakash Rai and 3 Others v. State of U.P. and Another

Case brief

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