Allowed

Shiv Shankar v. State of U.P. and 15 Others

Allahabad HC23 Aug 2022CRLR/1533/2022

Case brief

AI extract

What is this about?

This Court allowed the revision and set aside the order of Additional Sessions Judge Jalaun rejecting a Section 156(3) Cr.P.C. application. The Court held the rejection was unsustainable as it ignored serious allegations and available video evidence, directing the lower court to reconsider the application.

What did the court decide?

The impugned order dated 10.02.2022 set aside; lower court directed to decide the application afresh within one month.

Shiv Shankar Vs State of U.P. and 15 Others — Civil Procedure and Limitation | Allahabad HC (2022)

¶1

Court No. - 85

¶2

Case :- CRIMINAL REVISION No. - 1533 of 2022

¶3

Revisionist :- Shiv Shankar Opposite Party :- State Of U.P. And 15 Others Counsel for Revisionist :- Bachchu Lal Yadav Counsel for Opposite Party :- G.A.,Vijay Singh Sengar

¶4

Hon'ble Gautam Chowdhary,J.

¶5

Heard learned counsel for the revisionist, Sri Vijai Singh Senger, learned counsel for the opposite party no.2 and the learned A.G.A. for the State.

¶6

By means of the instant revision, the revisionist has sought for setting aside the Judgement and order dated 10.02.2022 passed by learned Additional Sessions Judge/Special Judge (D.A.A.) Jalaun at Orai in Criminal Misc. Application No.13 of 2022 (Shiv Shanker Vs. Naresh Singh) whereby application under Section 156 (3) Cr.P.C. filed by the revisionist has been rejected.

¶7

Learned counsel for the revisionist submits that a perusal of the application under Section 156 (3) Cr.P.C. filed by the revisionist clearly discloses the commission of a cognizable offence. He, therefore, submits that once the application filed by the revisionist under Section 156 (3) Cr.P.C. disclosed the commission of a cognizable offence, the learned Court below has erred in law in rejecting the application under Section 156 (3) Cr.P.C. He further submits that in the present case the life, liberty and property of the revisionist is involved. The learned counsel for the revisionist has contended with vehemence that the court below has passed the impugned order in a mechanical manner and has ignored the judgement of the Apex Court rendered in the case of Lalita Kumari Vs. Government of U.P. and others reported in 2014 (2) SCC 1.

¶8

Learned counsel for the opposite party no.2 and learned A.G.A. on the other hand has supported the impugned order and has submitted that there is no illegality or perversity in the impugned order, which may call for any interference by this Court, thus the impugned order is liable to be affirmed by this Court.

¶9

Considered the rival submissions made by the learned counsel for the parties.

¶10

From the record, it transpires that in the present case, the

¶11

allegations made in the application under section 156 (3) Cr. P. C. are not only serious, but also show the commission of a cognizable offence. A perusal of the aforesaid order passed by the Court below also shows that the application under Section 156 (3) Cr.P.C. has been rejected without properly appreciating the material on record, when there is specific averments that the incident was recoded in a mobile phone, which was placed before the learned Court below but the same has not been taken into account, while passing the order impugned and therefore, the impugned order is not sustainable and is liable to be set aside by this Court.

¶12

Accordingly, the present revision succeeds and is allowed at the admission stage. The impugned order dated 10.02.2022 is consequently set aside.

¶13

The concerned Court below is directed to exercise his discretionary power and decide afresh the application under section 156(3) Cr.P.C. moved by the revisionist and to pass appropriate order in accordance with law keeping in view the observations made by this court, within a period of one month from the date of production of a certified copy of this order.

¶14

With the aforesaid directions, the present revision is allowed.

¶15

Order Date :- 23.8.2022 S.Ali

¶16

Digitally signed by SHAUKAT ALI Date: 2022.08.25 15:16:43 IST Reason: Location: High Court of Judicature at Allahabad

Shiv Shankar v. State of U.P. and 15 Others

Case brief

What is this about?

What did the court decide?

Shiv Shankar v. State of U.P. and 15 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Coram

Case details

Similar cases

Danish Ali Khan Vs State of U.P.and Another

Rakesh Vs State of U.P. and 15 Others

Pawan Kumar Singh and 2 Others Vs State of U.P. and Another

Pankaj Saini Vs State of U.P. and Another

Dr. Mohammad Akmal Vs State of U.P. and Another

Sudhir and Another Vs State of U.P. and Another