Dismissed

Mes. Anasari Handicraft v. State of U.P. and Another

Allahabad HC9 Nov 2023A482/36208/2023

Case brief

AI extract

What is this about?

The applicant sought to quash proceedings under Section 138 N.I. Act via Section 482 Cr.P.C. The court noted that judicial orders are normally challenged under Article 227. As no exceptional circumstances existed, the application was dismissed with direction to file a writ petition under Article 227.

What did the court decide?

Present application under Section 482 Cr.P.C. is dismissed; applicant permitted to file petition under Article 227.

Mes. Anasari Handicraft Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:216246

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Court No. - 93

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Case :- APPLICATION U/S 482 No. - 36208 of 2023

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Applicant :- Mes. Anasari Handicraft Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Avdhesh Kumar,Anurag Shrivastava Counsel for Opposite Party :- G.A.

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Hon'ble Arun Kumar Singh Deshwal,J.

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Heard Sri Avdhesh Kumar, learned counsel for the applicant and Sri Rajeev Kumar Singh, learned AGA for the State.

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The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceeding and summoning order dated 12.02.2021 passed in Complaint Case No.10924 of 2020, under Section 138 N.I. Act as well as the order dated 12.06.2023 including the order dated 25.07.2023 passed in Criminal Revision No.263 of 2022, Police Station Katghar, District Moradabad.

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A preliminary objection has been raised by learned A.G.A. as per order of the Apex Court passed in the case of Radhey Shyam Vs. State of U.P. reported in (2015) 5 SCC 423 , wherein it is observed that all the judicial orders will be challenged under Article 227 of the Constitution of India.

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This Court is of the view that Hon'ble Apex Court clearly observed in the aforesaid judgment that all the judicial orders will be challenged in the supervisory jurisdiction of the High Court under Article 227 of the Constitution of India, therefore, judicial orders should normally be challenged under Article 227 of the Constitution of India. However, Hon'ble Apex Court in the case of Prabhu Chawla Vs. State of Rajasthan and another, (2015) 17 SCC (562) observed that alternative remedy is not a bar to exercise jurisdiction u/s 482 Cr.P.C. in exceptional case. Therefore, in exceptional case application u/s 482 Cr.P.C. may be entertained against judicial order in the interest of justice.

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In the present case, the applicant could not make out the case of exceptional nature, which could persuade this Court to exercise its inherent power under Section 482 Cr.P.C.

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In view of the above legal position, applicant is permitted to file

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Petition under Article 227 of the Constitution of India for challenging the impugned judicial orders.

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With the aforesaid observation, the present application is dismissed .

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Certified copy of the impugned order, if any, may be returned to learned counsel for the applicant after retaining xerox copy of the same.

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Order Date :- 9.11.2023 A.Kr.

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

Mes. Anasari Handicraft v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Mes. Anasari Handicraft v. State of U.P. and Another

Case brief

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