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Allahabad High Court

BHOLA NATH YADAV AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

A challenge to an interlocutory order rejecting a stay application in pending proceedings is not maintainable under Article 227.

Summary

The petitioners, Bhola Nath Yadav and another, filed a writ petition under Article 227 seeking to set aside an order dated 11 August 2023 passed by the Additional Sessions Judge, Allahabad, which rejected their application for a stay in Criminal Revision No. 364 of 2023. The petition alleged that the interlocutory order should be reviewable by the High Court. The Court examined whether a challenge to an interlocutory order refusing a stay is maintainable under Article 227. It held that Article 227 does not empower the High Court to entertain such a challenge to an interlocutory order in pending proceedings. Consequently, the petition was dismissed.

Issues considered

  • Whether a challenge to an interlocutory order rejecting a stay application is maintainable under Article 227 of the Constitution of India?

Subjects

  • Article 227
  • interlocutory order
  • stay application
  • criminal revision
  • jurisdiction
  • high court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                             MATTERS UNDER ARTICLE 227 No. - 9923 of 2023

                                    Bhola Nath Yadav And Another
                                                                                                   .....Petitioner(s)
                                                                        Versus
                                    State Of U.P. And 2 Others
                                                                                                .....Respondent(s)

                                    Counsel for Petitioner(s)        : Hanuman Kinkar, Shashi Kumar
                                                                       Dwivedi
                                    Counsel for Respondent(s)        : Anil Kumar Yadav, G.A., Niraj Tiwari

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

                                    1. Heard Sri Hanuman Kinkar, learned counsel for the petitioners, Sri Anil
                                    Kumar Yadav, learned counsel for respondent and Shri Amrit Raj, learned
                                    A.G.A. for the State and perused the record.

                                    2. Learned counsel for the petitioner has prayed for a direction to set aside
                                    the order dated 11.8.2023 passed by Additional Sessions Judge Allahabad in
                                    Criminal Revision No. 364 of 2023 (Bhola Nath and others vs. State of U.P.
                                    and others).

                                    3. Heard learned counsel for the parties and perused the order dated
                                    11.8.2023. It is apparent from the prayer made by the petitioner before this
                                    Court that he seeks quashing of the order dated 11.08.2023 passed by the
                                    learned Additional Sessions Judge, Allahabad, whereby the stay application
                                    filed in Criminal Revision No. 364 of 2023 was rejected. It is relevant to
                                    note that a challenge to an interlocutory order rejecting a stay application in
                                    pending proceedings is not maintainable under Article 227 of the
                                    Constitution of India.

                                    4. Accordingly, the petition is dismissed.

                                    May 7, 2026
                                    Ujjawal
                                                                                              (Anil Kumar-X,J.)




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

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