Allahabad High Court
ANKUR SHUKLA @ ANKUSH AND 2 OTHERSversusSTATE OF U.P. AND 5 OTHERS
- Decided
- Bench
- VIKRAM D CHAUHAN
Holding
The High Court directed the revisional court to decide the stay application within one month and ordered the status quo to be maintained pending that decision.
Summary
The petitioners, Ankur Shukla and others, filed a writ under Article 227 seeking a direction to the Additional Sessions Judge to pass a reasoned order on a stay application pending in Criminal Revision No. 443 of 2025 and to keep the execution of an order dated 13‑08‑2025, issued under Section 133 of the Criminal Procedure Code, in abeyance. The petitioners argued that the revisional court had admitted the revision but the stay application remained undecided, causing pressure to enforce the contested order. The High Court, after hearing counsel, directed the revisional court to decide the stay application within one month of receiving a certified copy of the order and ordered that the status quo be maintained until the stay is decided. No substantive discussion on merits was required. The petition was subsequently disposed with the directions.
Issues considered
- Whether the High Court can direct the revisional court to decide a pending stay application within a specified time‑frame.
- Whether the execution of an order passed under Section 133 CrPC should be stayed pending the decision of the stay application.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 133
- Constitution of India — s. Article 227
Subjects
- Article 227
- stay application
- revision
- Section 133 CrPC
- status quo
- High Court direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6379 of 2026
Ankur Shukla @ Ankush And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Deepak Singh Yadav, Sheo Ram Singh
Counsel for Respondent(s) : G.A.
Court No. - 73
HON'BLE VIKRAM D. CHAUHAN, J.
1. Heard learned counsel for petitioners and learned AGA for the State.
2. The petition is filed with the following prayer:
"A. Issue an appropriate direction directing the Additional Sessions Judge, Court No-
16, to pass a reasoned and speaking orders upon the stay application (Paper No-4B)
pending in Criminal Revision No- 443 of 2025, (Ankur Shukla and Others vs. State of
U.P. and Others) pending before it, expeditiously, preferably on the next date fixed;
and till the stay application is decided by the Revisional Court, the execution and
implementation of the order dated 13.08.2025 passed by the DCP, Ganganagar,
Commissionerate, Prayagraj, passed in Case No-9 of 2024 (Ankur Shukla vs. State of
U.P. and Others) under Section 133 Cr.P.C., Police Station- Bahariya, District
Prayagraj, be kept in abeyance in the interest of justice."
3. It is submitted by learned counsel for petitioners that against the order
passed under Section 133 Cr.P.C. petitioners had filed a revision. The
revisional court, although, has admitted the petition, however, stay
application is pending and the authorities are pressing for compliance of
order, which is challenged under the revision. Learned counsel for
petitioners submits that the aforesaid stay application filed in the
revisional proceeding may be directed to be decided in a time bound
manner.
4. In view of statement of learned counsel for petitioners, the revisional
court is directed to consider and decide the stay application of the
petitioners within a period of one month from the date of production of a
A227 No. 6379 of 2026
2
certified copy of the order.
5. Till pendency of stay application, status quo as existing today shall be
maintained by the parties.
6. With the aforesaid observation/direction, the petition is disposed of.
(Vikram D. Chauhan,J.)
May 6, 2026
D. Tamang
Digitally signed by :-
DHIRENDRA TAMANG
High Court of Judicature at Allahabad
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