Allahabad High Court
Pramod Kumar Singh vs State Of Up Thr. Sec. Home Govt. Of U.P. ... on 10 July, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:109908 Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 6020 of 2025 Petitioner :- Pramod Kumar Singh Respondent :- State Of Up Thr. Sec. Home Govt. Of U.P. Lucknow And 2 Others Counsel for Petitioner :- Shailesh Singh Yadav Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J.
Heard learned counsel for the petitioner, learned AGA for the State and perused the record.
The instant petition under Article 227 of the Constitution of India has been filed seeking the following reliefs:
"(i) set aside the impugned order dated 10.10.2023 passed by the learned Sessions Judge, Muzaffarnagar in Criminal Revision No. 258 of 2023, (Pramod Kumar vs. State of U.P.) as well as order dated 07.07.2023 passed by learned Additional Chief Judicial Magistrate, Court No. 1, Muzaffar Nagar in Criminal Misc. Case No. 751/11 of 2023 (Pramod vs. unknown) under Section 156(3) Cr.P.C. Police Station Nai Mandi, District Muzaffar Nagar.
(ii) direct the learned Additional Chief Judicial Magistrate, Court No. 1, Muzaffar Nagar to reconsider the application under Section 156(3) Cr.P.C. filed by the petitioner and direct the concerning police to register the FIR and investigate the matter according to law.?
It has been submitted by learned counsel for the petitioner that the petitioner moved an application under section 156(3) Cr.P.C. for lodging the First Information Report in regard to theft took place at the residence, however, the said application has been rejected vide order dated 07.07.2023 stating that there is enormous delay in moving the application. Being aggrieved by the said order, the petitioner has filed the criminal revision before the learned Session Judge which was also rejected.
Learned counsel for the petitioner has referred to the communication dated 01.08.2021 at 1.10 P.M. on [email protected] through e-mail sent by Pramod Kumar {[email protected]} regarding the incident but no action has been taken till date.
Considering the fact that the petitioner had intimated to the concerned Police Officer in time but no such action was taken, the impugned order dated 10.10.2023 passed by the learned Sessions Judge, Muzaffar Nagar in Criminal Revision No. 258 of 2023, (Pramod Kumar vs. State of U.P.) as well as order dated 07.07.2023 passed by learned Additional Chief Judicial Magistrate, Court No. 1, Muzaffar Nagar in Criminal Misc. Case No. 751/11 of 2023 (Pramod vs. unknown) under Section 156(3) Cr.P.C. Police Station Nai Mandi, District Muzaffar Nagar. is hereby set aside and the matter is remanded back to the court concerned to re-consider the material available on record and pass a fresh order for lodging of the FIR as expeditiously as possible in accordance with law.
With the aforesaid direction, the writ petition is allowed.
Order Date :- 10.7.2025 Puspendra