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Allahabad High Court

VIJAY NATH PANDEY ALIAS SURESH PANDEYversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The High Court held that there was no ground for interference and dismissed the petition.

Summary

The petitioner, Vijay Nath Pandey, filed a petition under Article 227 seeking to set aside two orders: one dated 30 July 2026 by the Civil Judge (Junior Division) directing the lodging of a First Information Report (FIR) in a civil matter, and another dated 10 August 2026 by the Session Judge in a criminal revision. The petitioner argued that the trial court's direction to lodge the FIR was improper. The respondent State informed the court that, following the trial court's order, an FIR was lodged on 12 August 2026 and the final report was submitted on 7 September 2026. The High Court, after hearing counsel, observed that the FIR had already been lodged and the matter was proceeding, and therefore there was no ground for interference. Consequently, the petition was dismissed and the matter was disposed of without any order setting aside the lower courts' decisions.

Issues considered

  • Whether the High Court should interfere with the trial court's order directing the lodging of an FIR under Section 173(4) of the CrPC
  • Whether the petition seeking to set aside the Session Judge's revision order is maintainable

Legislation cited

Subjects

  • Article 227
  • First Information Report
  • Section 173(4) CrPC
  • Revision
  • Civil Judge
  • Session Judge
  • High Court jurisdiction
  • Petition dismissal

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                 MATTERS UNDER ARTICLE 227 No. - 11538 of 2026

                                    Vijay Nath Pandey Alias Suresh Pandey
                                                                                                    .....Petitioner(s)
                                                                         Versus

                                    State of U.P. and Another
                                                                                                  .....Respondent(s)

                                    Counsel for Petitioner(s)           : Archit Mandhyan, Ravi Kant Verma
                                    Counsel for Respondent(s)           : G.A.

                                    Court No. - 55
                                                      HON'BLE VIKRAM D. CHAUHAN, J.

                                    1. Heard learned counsel for petitioner and learned AGA for the State.

                                    2. The petition is filed with the following prayer:

                                    "1. Issue a order or direction setting aside the impugned order dated 30.07.2026
                                    passed by the Civil Judge (Junior Division) / Fast Track Court-II Kaushambi in
                                    Miscellaneous Application No.250/2026 (Pratima Singh vs. Vijay Nath Pandey) under
                                    section 173(4) B.N.S.S and impugned order dated 10.08.2026 passed by Session Judge
                                    Kaushambi in Criminal Revision No. NIL/2026 (Vijay Nath Pandey vs. State of UP
                                    and another)."

                                    3. It is submitted by learned counsel for petitioner that by order dated
                                    30.7.2026, the trial court has passed the order directing the lodging of the
                                    First Information report.

                                    4. Learned AGA has informed that in pursuance to order dated 30.7.2026,
                                    FIR has been lodged on 12.8.2026 and final report has been submitted in
                                    the present case on 7.9.2026.

                                    5. In view of aforesaid, at this stage, no interference is warranted.

                                    6. Accordingly, the petition is disposed of.



                                                                                          (Vikram D. Chauhan,J.)
                                    September 21, 2026
                                    D. Tamang




Digitally signed by :-
DHIRENDRA TAMANG
High Court of Judicature at Allahabad


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