Ram Kumar & Anr. v. State Of U.P Thru. Addl. Chief Secy. Home Lko

: Chandra Shekhar Singh Yadav, Nikhil Dwivedi, Rahul Kumar, Sachida Nand Tiwari, Sandeep Kumar Yadav, Sudhir Kumar Srivastava Counsel for Respondent(s) : G.A. Court No. - 13 HON'BLE SAURABH LAVANIA, J.

Heard learned counsel for the petitioners, learned AGA for the State and perused the record.

The present writ petition under Article 227 of the Constitution of India has been filed seeking following main relief(s):- "(i). pass an appropriate order or direction, setting aside the order dated 19.01.2024 passed by learned IIIrd Additional Sessions Judge Lucknow in Criminal Revision No. 801 of 2023; Ram Kumar and another versus State of U.P. as contained in Annexure No.1 to this petition. (ii). pass an appropriate order or direction, setting aside the order dated 18.11.2023 passed by learned Special Additional Judicial Magistrate CBI (A.P.) Lucknow in Case No. 46579 of 2019; Ram Kumar and another versus State of U.P. under section 239 Cr.P.C. related to Crime No. 152 of 2018 under section 406/420 I.P.C. Police Station Wazirganj, Lucknow, as contained in Annexure No.2 to this petition. "

By means of the present petition, the petitioners have impeached the order dated 18.11.2023, passed by Special Additional Chief Judicial Magistrate, C.B.I. (Additional Charge), Lucknow (in short "Magistrate") on the application seeking discharge from the charges of the offence under Section 406 and 420 I.P.C. in Criminal Case No.46579 of 2019 (State of U.P. Vs. Shri Ram and others), arising out of Case Crime No.152/2018, under Sections 420, 406, 386, 120-B I.P.C., Police Station-Wazirganj, District-Lucknow.

The petitioners have also challenged the order dated 19.01.2024, passed by 3rd Additional Session Judge, Lucknow (in short "Revisional Court") in Criminal Revision No.801 of 2023 (Ram Kumar and another Vs. State of U.P.).

It is to be noted that vide order dated 19.01. 2024 the Revisional Court has dismissed the revision which was filed challenging the order dated 18.11.2023, passed by the Magistrate and affirmed the order passed by the Magistrate dated 18.11.2023. 2 A227 No. 1183 of 2024

The application seeking discharge was filed in connection with the offence under Sections 406 and 420 I.P.C. for the reason that the petitioners have been charge- sheeted by means of the Charge Sheet No.2, dated 25.07.2020 (Annexure No.6), filed by the Investigating Officer (in short "I.O.") against the petitioners under Sections 406 and 420 I.P.C.

For causing interference by this Court in the impugned order(s), referred above, the learned counsel for the petitioners advanced his submissions based upon the judgment in Delhi Race Club (1940) Ltd. v. State of U.P., (2024) 10 SCC 690.

Taking note of the judgment on which the reliance has been placed passed by the Hon'ble Apex Court in the case of Delhi Race Club (1940) Ltd. v. State of U.P., (2024) 10 SCC 690 and the submissions of learned counsel for the petitioners Shri Chandra Shekhar Singh Yadav as also the submission of learned counsel for the State Shri Amitabh Chaturvedi, who could not dispute the submission advanced by learned counsel for the petitioners, this Court is of the view that the interference in the matter is required.

Accordingly, the present petition is allowed.

The order dated 18.11.2023, passed by the Magistrate on the application seeking discharge as well as the order dated 19.01.2024, passed by the Revisional Court in Criminal Revision No.801 of 2023 (Ram Kumar and another Vs. State of U.P.) are hereby set aside.

The matter is remanded back to the Magistrate concerned, who shall pass the reasoned and speaking order afresh, on the application seeking discharge, after taking note of the law on the subject including the judgment passed by the Hon'ble Apex Court in the case of Delhi Race Club (1940) Ltd. v. State of U.P., (2024) 10 SCC 690. December 10, 2025 ML/- (Saurabh Lavania,J.) MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench