Allahabad High Court
AMIT SHARMAversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- VIKRAM D CHAUHAN
Holding
The High Court, exercising its supervisory jurisdiction under Article 227, directed the Sessions Judge to decide the pending criminal revision within two months, without setting aside the stay order.
Summary
The petitioner, Amit Sharma, filed a petition under Article 227 of the Constitution seeking to set aside an ex-parte stay order dated 02.01.2026 granted by the Sessions Judge, Mathura, in Criminal Revision No. 1 of 2026 (Smt. Meera Sharma & Others v. State of U.P. & Others). The petitioner argued that the stay order, which halted the appointment of a receiver by the Sub‑Divisional Magistrate, would cause irreparable loss and that the revision should be decided promptly. The respondent State of U.P. raised no objection to the petition. The High Court, after hearing counsel, declined to set aside the stay order but exercised its supervisory jurisdiction to direct the Sessions Judge to dispose of the pending revision within two months of the certified copy of the order, prohibiting unnecessary adjournments. The petition was therefore disposed with the said direction.
Issues considered
- Whether the High Court can set aside an ex‑parte stay order passed by a Sessions Judge under its supervisory jurisdiction under Article 227.
- Whether the High Court can direct a lower court to decide a pending criminal revision within a specified time frame to prevent irreparable loss.
Subjects
- Article 227
- supervisory jurisdiction
- stay order
- criminal revision
- time‑bound disposal
- ex‑parte order
- high court direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12568 of 2026
Amit Sharma
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Akhilesh Kumar Tripathi, Mahesh
Sharma
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:
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be
pleased to set aside the order dated 02.01.2026 passed by Sessions Judge, Mathura,
granting ex-parte stay order in Criminal Revision No. 1 of 2026 (Smt. Meera Sharma
& Others Vs State of UP & Others) as well as order dated 25.05.2026 passed by
Sessions Judge, Mathura, whereby the revisional court had allowed the application
No. 11Ka and 17 Ka filed by respondent no. 4 & 5 as well as entire proceedings of
Criminal Revision No. 1 of 2026 (Smt. Meera Sharma & Others Vs State of UP &
Others) реnding in the court of Ld. Sessions Judge, Mathura, otherwise petitioner
shall suffer irreparable loss and injury.
It is further prayed that this Hon'ble Court may be pleased to direct the revisional
court i.e. Sessions Judge, Mathura to decide the Criminal Revision No. 01 of 2026
(Smt. Meera Sharma & Others Vs State of UP & Others), within stipulated time as
may be fixed by this Hon'ble Court, in the interest of justice.
And/or pass such further order as the Hon'ble Court may deem fit and proper in the
circumstances of the case."
3. It is submitted by learned counsel for petitioner that the revisional court
has granted stay against the order appointing receiver by the Sub
Divisional Magistrate. It is further submitted by learned counsel for
A227 No. 12568 of 2026
2
petitioner that the ends of justice would be served in the event revision
pending before the revisional court may be directed to be decided in a
time bound manner.
4. Learned AGA has no objection.
5. In view of aforesaid and the facts and circumstances of the case, the
petition is disposed of with a direction to the learned Sessions Judge,
Mathura to decide the revision being Criminal Revision No.01 of 2026
(Smt. Meera Sharma & others Vs. State of U.P. & otrhers) filed by
opposite party nos.2 to 5 within a period of two months from the date of
production of certified copy of this order without granting unnecessary
adjournment to any of the parties.
(Vikram D. Chauhan,J.)
September 11, 2026
D. Tamang
Digitally signed by :-
DHIRENDRA TAMANG
High Court of Judicature at Allahabad
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