Allowed

Ranjana Singh v. State of U.P. 4 Others

Allahabad HC7 Apr 2023A482/3274/2023

Case brief

AI extract

What is this about?

The High Court set aside the order of the Judicial Magistrate allowing withdrawal of prosecution, remitting the matter to be decided afresh considering the Government Order on Covid-19 protocol breaches on a reasoned basis.

What did the court decide?

The impugned order dated 06.01.2022 is set aside and the matter remitted to the lower court to pass a reasoned order within two months.

Ranjana Singh Vs State of U.P. 4 Others — Writ and Judicial Review | Allahabad HC (2023)

¶1

Court No. - 68 Case :- APPLICATION U/S 482 No. - 3274 of 2023 Applicant :- Ranjana Singh Opposite Party :- State Of U.P. 4 Others Counsel for Applicant :- Vinod Kumar Shukla Counsel for Opposite Party :- G.A.

¶2

Hon'ble Mrs. Manju Rani Chauhan,J.

¶3

Heard Mr. Vinod Kumar Shukla, learned counsel for the applicant-informant, learned counsel for the opposite party no.2 and the learned AGA for the State.

¶4

This application under Section 482 CrPC has been filed assailing the order dated 06.01.2022 passed by Judicial Magistrate, Room No.2, Allahabad vide which the application from the side of prosecution under Section 321 Cr.P.C. has been allowed.

¶5

Learned counsel for the applicant-informant submits that the prosecution has misinterpreted the Government Order wherein the State Government had directed to complete the exercise for withdrawal of Covid-19 protocol breach cases as per the guidelines provided. The present case is not covered under the aforesaid category, therefore, the concerned court below has illegally passed the impugned order dated 06.01.2022, which is not justifiable in the eye of law. Hence, the impugned order is liable to be set aside.

¶6

Per contra, learned AGA for the State could not dispute the aforesaid fact and stated that the matter may be remitted back to the concerned court below to pass afresh order.

¶7

In view of the aforesaid, the impugned order dated 06.01.2022 passed by the concerned court below is hereby set aside and the matter is remitted back to the court concerned to decide afresh, in accordance with law and keeping in mind the relevant Government Order, by means of a reasoned and speaking order, preferably within a period of two months from the date of production of a certified copy of this order, if there is no other legal impediment.

¶8

With the aforesaid directions, the present application is allowed .

¶9

There shall be no order as to costs.

¶10

Order Date :- 7.4.2023 Jitendra/-

¶11

Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad

Ranjana Singh v. State of U.P. 4 Others

Case brief

What is this about?

What did the court decide?

Ranjana Singh v. State of U.P. 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Jaheer and 3 Others Vs State of U.P. and Anothers

Shiv Gopal Jaiswal Vs State of U.P. and Another

Vineet Kumar and 2 Others Vs State of U.P. and Another

Puttan Vs State of U.P.

Om Prakash and 9 Others Vs State of U.P. and Another

Harish Chandra Vs State of U.P. and Another