Allahabad High Court

RAHUL KUMAR SAHUversusSTATE OF U.P. AND ANOTHER

Decided: 18 March 2026
Bench: SAMIT GOPAL

Holding

The petition is dismissed as withdrawn.

Summary

Petitioner Rahul Kumar Sahu filed a petition under Article 227 of the Constitution challenging three orders: the Additional Session Judge's dismissal of his criminal revision, the Chief Judicial Magistrate's rejection of Exhibit No. 21B, and the summoning of the petitioner under Section 138 of the Negotiable Instruments Act. The petitioner sought to set aside these orders. During hearing, counsel for the petitioner indicated that the petition would be withdrawn in favor of pursuing other remedies. The Court accepted this request and dismissed the petition as withdrawn. No substantive merits of the challenged orders were examined.

Issues considered

Whether the petition under Article 227 should be entertained or dismissed as withdrawn

Legislation cited

Negotiable Instruments Act, 1881 — s. 138

Subjects

Article 227
petition withdrawn
Negotiable Instruments Act
criminal revision
High Court of Judicature at Allahabad

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

MATTERS UNDER ARTICLE 227 No. - 3113 of 2026

Rahul Kumar Sahu
.....Petitioner(s)
Versus
State of U.P. and Another
.....Respondent(s)

Counsel for Petitioner(s) : Jai Prakash Singh, Rahul Singh
Counsel for Respondent(s) : G.A., Sheetendra Kumar Mishra,
Umesh Vats

Court No. - 53
HON'BLE SAMIT GOPAL, J.

1. List revised.

2. Heard Sri Jai Prakash Singh, learned counsel for the petitioner, Sri
Sheetendra Kumar Mishra, learned counsel for the opposite party
no.2 and Sri Ramesh Shukla, learned counsel for the State and
perused the material on record.

3. The present petition under Article 227 of the Constitution of India
has been filed by the petitioner- Rahul Kumar Sahu, with the prayer
to (i) set aside the impugned Judgment and order dated 11.12.2025
passed by Additional Session Judge, Court No. 1, Kasganj, in
Criminal Revision No. 114 of 2024 (Rahul Kumar Sahu Vs. State of
U.P. and another), by which the learned revisional has rejected the
criminal revision of the petitioner, (ii) to set aside the impugned
judgment and order dated 23.10.2024 passed by Chief Judicial
Magistrate, Kasganj by which the application Exhibit No. 21B has
been rejected, (iii) to set aside the impugned judgment and order
dated 21.01.2023 passed by Chief Judicial Magistrate, Kasganj in
Complaint Case No. 17520 of 2022 (M/s. Madhusudan Fuel Point
through Prop. Smt. Neelam Gupta Vs. Rahul Kumar Sahu) by which
the learned trial court summoned the applicant under section 138 of
N.I. Act, Police Station Kasganj, District Kasganj. And / or issue any
other order or direction which this Hon'ble Court may deem fit and
proper under the facts and circumstances of the case.

4. Learned counsel for the petitioner submits that the present petition
A227 No. 3113 of 2026
2

be dismissed as withdrawn as he shall seek the appropriate remedy
available to him under law.

5. As prayed, the present petition is dismissed as withdrawn.

March 19, 2026
AS Rathore
(Samit Gopal,J.)

Digitally signed by :-
ABHISHEK SINGH RATHOR
High Court of Judicature at Allahabad

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