Rajan Singh Vs State of U.P. and Another

Court No. - 87

Case :- CRIMINAL REVISION No. - 1348 of 2022

Revisionist :- Rajan Singh Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Mohammad Waseem Counsel for Opposite Party :- G.A.,Chandra Bali Prasad,Sunil Kumar Yadav

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Hon'ble Dr. Gautam Chowdhary,J.

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Heard Mohammad Waseem, learned counsel for the revisionist, Sri Sunil Kumar Yadav, learned counsel for opposite party no.2 and learned A.G.A. for the State and perused the record.

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This criminal revision has been filed challenging the summoning order dated 09.04.2021 passed by Additional Judicial Magistrate,Saidpur, Ghazipur in Complaint Case No.132 of 2021(Ravi Shankar Singh vs. Rajan Singh) under Section 138 N.I. Act.Police Station Bahariyabad, District Ghazipur.

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It is contended that impugned order is not speaking inasmuch as it does not say that prima facie case in any particular section is made out. No material which, even if was produced by the complainant, finds reference in the order. The order is completely bereft of any reason.

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The impugned order shows complete non-application of mind and is not a speaking order, therefore, it is not sustainable in the eyes of law.

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Hence, the impugned order dated 09.04.2021 is set aside and the matter is remitted to the court concerned for passing fresh order after going through the material on record and mentioning as to on which material the prima facie case, if any, is made out. The court is expected to pass a reasoned order within reasonable time, after giving opportunity of hearing to the complainant.

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The criminal revision is disposed of.

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Order Date :- 21.12.2022

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S.Ali

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Digitally signed by SHAUKAT ALI Date: 2022.12.21 16:39:38 IST Reason: Location: High Court of Judicature at Allahabad

Rajan Singh v. State of U.P. and Another

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Rajan Singh v. State of U.P. and Another

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