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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