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Allahabad High Court

SUNEELversusSTATE OF U.P. AND 4 OTHERS

Decided

Holding

The Court declined to set aside the impugned orders and instead directed the SDM to expedite the pending case within three months, disposing of the petition.

Summary

Petitioner Suneel filed a petition under Article 227 seeking to set aside an order dated 23‑02‑2024 of the Special Judge (Essential Commodities Act) that allowed Criminal Revision No. 252/2022 (Shaukeen v. Suneel & others), and also to set aside an order dated 21‑10‑2022 of the Sub‑Divisional Magistrate, Dataganj, passed under sections 145 and 146 of the Cr.P.C. in case No. 2960/2022 (Suneel v. Shaukeen). The High Court, without examining the merits, directed the SDM to expedite the pending criminal case and to decide it within three months. No order was set aside. The petition was consequently disposed.

Issues considered

  • Whether the High Court can set aside the Special Judge’s order allowing the criminal revision.
  • Whether the High Court can set aside the SDM’s order passed under sections 145 and 146 Cr.P.C.
  • Whether the High Court may direct the SDM to expedite the pending criminal proceedings.

Legislation cited

Subjects

  • Article 227
  • judicial review
  • criminal revision
  • Essential Commodities Act
  • Cr.P.C. sections 145, 146
  • expeditious trial
  • SDM direction

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                             MATTERS UNDER ARTICLE 227 No. - 5523 of 2025

                                    Suneel
                                                                                                   .....Petitioner(s)
                                                                        Versus
                                    State Of U.P. And 4 Others
                                                                                                .....Respondent(s)

                                    Counsel for Petitioner(s)                    :   Nagendra Kumar Singh
                                    Counsel for Respondent(s)                    :   G.A.

                                    Court No. - 89
                                                          HON'BLE ANIL KUMAR-X, J.

                                    1. Heard learned counsel for the petitioner and Sri Amrit Raj, learned AGA
                                    for the State are present.

                                    2. Learned counsel for the petitioner has prayed for a direction to set aside
                                    the impugned order dated 23.02.2024 passed by Special Judge (Essential
                                    Commodities Act) Buduan, in allowing the Criminal Revision No. 252/2022
                                    (Shaukeen Vs. Suneel and others) and setting aside the order dated
                                    21.10.2022 passed by Sub Divisional Magistrate, Dataganj, Budaun under
                                    section 145, 146 Cr.P.C., in Case No. 2960/2022, (Suneel Vs. Shaukeen).

                                    3. Without entering into the merits of the case, this Court is of the view that
                                    a direction be given to learned SDM Dataganj, District Badaun to expedite
                                    the proceedings of Case Crime No. 2960 of 2022 (Suneel Vs. Shaukeen) to
                                    decide the case as expeditiously as possible preferably within a period of
                                    three months.

                                    4. Accordingly, the petition is disposed of.

                                    May 5, 2026
                                    Ujjawal
                                                                                              (Anil Kumar-X,J.)




Digitally signed by :-
UJJAWAL
High Court of Judicature at Allahabad


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