(1.) Heard Sri Utkarsh Birla, learned counsel for the petitioner and Sri Ram Kumar Verma, learned AGA for the State.
(2.) This petition under Article 227 of the Constitution has been filed by the petitioner-Diwakar Singh with a prayer to set aside the order dtd. 18/1/2023 passed by the Judicial Magistrate, Court no. 5, Varanasi in criminal case no. 3272 of 2019, by which the applications dtd. 19/7/2021 and 2/8/2021 were rejected, with a further prayer to issue an appropriate direction to the Judicial Magistrate/ the court concerned to comply with the interim order passed by this court in criminal misc. petition no. 2160 of 2023 dtd. 27/4/2023.
(3.) Relevant facts are as below:-