Allahabad High Court
SHRI RAM AND 2 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The High Court held that it lacks jurisdiction to interfere with the executive magistrate's order under Section 146(1) CrPC and the subsequent revision order, and therefore dismissed the petition.
Summary
The petitioners challenged the attachment of their land ordered by the Sub‑Divisional Magistrate (SDM) under Section 146(1) of the Criminal Procedure Code and the subsequent dismissal of their criminal revision by the Additional District and Session Judge. They filed a petition under Article 227 of the Constitution seeking to set aside both orders. The High Court held that disputes arising from the executive magistrate's assessment under Section 146(1) CrPC are not amenable to judicial review under Article 227. Consequently, the Court declined to interfere with either the SDM's order or the revision order. However, the Court directed the SDM to expedite the pending case and decide it within six months, and the petition was disposed of.
Issues considered
- Can the High Court, invoking Article 227, interfere with an order passed by an Executive Magistrate under Section 146(1) of the Criminal Procedure Code?
- Whether the revision order of the Additional District and Session Judge can be set aside on the petitioner's grounds?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 145(1), 146(1)
Subjects
- Article 227
- Criminal Procedure Code
- Section 146(1)
- Executive Magistrate
- Revision
- Jurisdiction
- Expeditious disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 14306 of 2025
Shri Ram And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ashish Kumar
Counsel for Respondent(s) : Ashok Kumar Yadava, G.A., Ram
Prasad Dubey
Court No. - 89
HON'BLE ANIL KUMAR-X, J.
1. Learned counsel for the petitioners and Shri Devesh Kumar Singh,
learned A.G.A. for the State are present. None has appeared on behalf of
the private respondents.
2. This petition under Article 227 of the Constitution of India has been
filed with the following main prayer :-
"(a) To set aside the impugned orders dated 10.05.2024 passed by Sub Divisional
Magistrate Kushinagar at Padrauna in case No. T202405440103690 under section 145
(1) Cr.P.C. and 146(1) Cr.P.C. and order dated 22.08.2025 passed by Additional
District and Session Judge Court No.3 Kushinagar at Padrauna in criminal revision
No.127 of 2024 (Shri Ram and others Vs. State of U.P. and others)."
3. Learned counsel for the petitioners submitted that the land of the
petitioners was attached by SDM, Padrauna, District Kushinagar in Case
No.3690 of 2024 under Section 146(1) Cr.P.C. on 10.5.2024. Aggrieved
by the order dated 10.5.2024, the petitioner preferred Criminal Revision
No.127 of 2024 (Shri Ram vs. State of U.P. & Anr.), which too was
dismissed on 22.8.2025.
4. At the very outset, it is relevant to mention that the order passed under
Section 146(1) Cr.P.C. is passed by the concerned Executive Magistrate
by evaluating the prevailing circumstances pertaining to the dispute.
Those disputed questions cannot be gone into by this Court under Article
227 of the Constitution. Therefore, this Court is not inclined to interfere in
A227 No. 14306 of 2025
2
the orders passed by both courts.
4. However, the concerned SDM, Padrauna, District Kushinagar is
directed to expedite the proceeding of Case No.3690 of 2024 and to
decide it in accordance with law expeditiously, preferably within a period
of six months from today.
5. With the aforesaid directions/observations, the petition is disposed of.
(Anil Kumar-X,J.)
May 7, 2026
SK
Digitally signed by :-
SUSHEEL KUMAR
High Court of Judicature at Allahabad
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