Allahabad High Court
Krishna Prakash @ Kp Yadav And 2 Others vs State Of U.P. And Another on 4 May, 2026
HIGH COURT OF JUDICATURE AT ALLAHABAD Neutral Citation No. - 2026:AHC:100820 HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 6025 of 2025 Krishna Prakash @ Kp Yadav And 2 Others .....Petitioner(s) Versus State of U.P. and Another .....Respondent(s) Counsel for Petitioner(s) : Abhishek Misra, Gopal Das Srivastava 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 judgment and order dated 24.04.2025 passed by Session Judge, Agra in Criminal Revision No. 1143/2024, Smt. Nirmala Chaudhary Vs. State and others.
3. Learned counsel for the petitioner submitted that a false and frivolous FIR was lodged against the petitioners. The said FIR in Case Crime No. 0611 of 2022 was lodged by the respondents on 11.11.2022. A thorough investigation was conducted and subsequently a final report was submitted. An order for further investigation was made and again a final report was submitted, which was subsequently converted into a complaint case. In the said complaint case, being Complaint Case No. 21954 of 2023 (Smt. Nirmala Chaudhary vs. K.P. Yadav and others), statements of the complainant and her witnesses were recorded. The said complaint was dismissed by the learned trial court under Section 203 Cr.P.C. by observing that the dispute between the parties is civil in nature.
4. However, the respondent challenged the order dated 28.10.2024 in Criminal Revision No. 1143 of 2024. Learned counsel submitted that despite thorough investigations, no offence was found to have been made out against the petitioners, and even the trial court was satisfied that the dispute is purely civil in nature; yet, the learned revisional court unnecessarily interfered with the order dated 28.10.2024 and remanded the matter back to the learned trial court for passing a fresh order in accordance with law.
5. Heard learned counsel for the parties and perused the record. This Court is of the view that setting aside any order by a superior court and remitting the matter back for fresh consideration is an interlocutory order which does not necessitate any intervention under Article 227 of the Constitution of India. However, the learned trial court, at the time of passing a fresh order in Complaint Case No. 21954 of 2023, will consider the nature of the allegations before passing any order. If it realizes that the dispute is purely civil in nature and the allegations are false and frivolous, then it will not be influenced by the order dated 24.04.2025 passed in Criminal Revision No. 1143 of 2024.
6. Accordingly, this petition is disposed of.
(Anil Kumar-X,J.) May 4, 2026 Ujjawal