Allahabad High Court
MUNIRAJ SINGHversusVIJAY KUMAR SINGH AND 4 OTHERS
- Decided
Holding
The petition is disposed with a direction to the Sub‑Divisional Magistrate, Shahjahanpur, to decide the proceedings of Case No. 01096 of 2020 in accordance with the observations made in the criminal revision, within six months.
Summary
The petitioner filed a writ under Article 227 seeking to set aside the order dated 13‑12‑2024 of the Additional District and Sessions Judge, which had overturned an earlier order dated 03‑02‑2023 passed by the Sub‑Divisional Officer under Section 145 of the Criminal Procedure Code. The 2023 order had been issued ex parte because the respondent failed to appear despite service. The petitioner asked the High Court to direct the Sub‑Divisional Magistrate to decide the pending case (Case No. 01096 of 2020) in accordance with the observations made in the criminal revision, within six months. The respondent consented to the prayer. The Court exercised its supervisory jurisdiction under Article 227 and disposed of the petition, directing the Sub‑Divisional Magistrate to decide the matter expeditiously, preferably within six months, and to avoid further delay unless beyond his control.
Issues considered
- Whether the order dated 13‑12‑2024 setting aside the Sub‑Divisional Officer's order under Section 145 CrPC should be affirmed or set aside.
- Whether the High Court can direct the Sub‑Divisional Magistrate to decide the pending proceedings in light of the observations made in the criminal revision within a specified time‑frame.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 145
Subjects
- Article 227
- supervisory jurisdiction
- criminal revision
- Section 145 CrPC
- ex parte order
- direction to Sub‑Divisional Magistrate
- expeditious disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 2780 of 2025
Muniraj Singh
.....Petitioner(s)
Versus
Vijay Kumar Singh And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Chandra Sen Pal, Jay Devi
Counsel for Respondent(s) : Shobh Nath Pal, Tripurari Pal
Court No. - 89
HON'BLE ANIL KUMAR-X, J.
1. Heard learned counsel for the petitioner, learned counsel for private
respondent and Sri Prateek Tyagi, learned AGA for State - Respondent.
2. This writ petition has been filed by the petitioner with a prayer to set
aside the impugned order dated 13.12.2024 passed by the Additional
District and Sessions Judge, Court No. 10, Shahjahanpur, in Criminal
Revision No. 48 of 2023 (Vijay Kumar Singh and 3 others vs. State of
U.P. and 3 others) (Annexure No. 1 to the petition), and to direct the said
court to affirm the order dated 3.2.2023 passed by the Sub-Divisional
Officer in Case No. 01096 of 2020 (Computerized Case No. T-
202012610501096) (Ramesh Chandra Singh vs. Vijay Kumar Singh)
under Section 145 Cr.P.C.
3. Learned counsel for the petitioner submitted that proceedings under
Section 145 Cr.P.C. were initiated on an application filed by the
petitioner. The said Case No. 01096 of 2020 (Ramesh Chandra Singh vs.
Vijay Kumar Singh) under Section 145 Cr.P.C. was decided on 3.2.2023.
It was submitted that the proceedings were decided ex parte, as the
respondent did not appear despite sufficient service. The respondent
challenged the order dated 3.2.2023 in Criminal Revision No. 48 of 2023
(Vijay Kumar Singh and 3 others vs. State of U.P. and 3 others). The said
criminal revision was decided on 13.12.2024, and the order dated
3.2.2023 was set aside. The matter was remanded back to the court
concerned for passing a fresh order after considering the observations
made in the criminal revision.
4. Learned counsel for the petitioner has confined his prayer to a
direction to the Sub-Divisional Magistrate, Shahjahanpur, to decide the
A227 No. 2780 of 2025
2
proceedings of Case No.01096 of 2020 in the light of the observations
made in the criminal revision, within a period of six months.
5. Learned counsel for the private respondent has also conceded to the
prayer made by the petitioner.
6. Accordingly, the petition is disposed of with a direction to the Sub-
Divisional Magistrate, Shahjahanpur, to decide the proceedings of Case
No.01096 of 2020 as expeditiously as possible, preferably within a period
of six months. No further delay shall occur in the disposal of the
proceedings unless there are circumstances beyond his control.
May 6, 2026
Mukesh
(Anil Kumar-X,J.)
Digitally signed by :-
MUKESH SRIVASTAVA
High Court of Judicature at Allahabad
Checking your session…