Smt. Jeera Devi and Another Vs State of U.P. and 2 Others — Allahabad HC (2023) — LawSathi Research

Smt. Jeera Devi and Another Vs State of U.P. and 2 Others — Allahabad HC (2023) — LawSathi Research

What the court decided

AI extract

Outcome

Matter relegated to the Session Judge, Varanasi to reconsider; liberty granted to the applicant to file a fresh appeal before the authority concerned; the authority concerned directed to decide any such appeal expeditiously, preferably within two months from production of the certified copy of the order, in accordance with law, after affording opportunity of hearing to either of the parties.

Issue for consideration

Whether the orders and judgments dated 10.02.2022 and 08.06.2022 passed by the Civil Judge (Junior Division) 5th, Varanasi and the Session Judge, Varanasi, rejecting the applicants' application, should be quashed.

Court's answer

The matter is relegated back to the Session Judge, Varanasi to reconsider, and the petition is disposed of with liberty to the applicant to file a fresh appeal before the authority concerned.

Ratio / Principle

In case any such appeal is filed, the authority concerned is directed to decide the appeal expeditiously, preferably within a period of two months from the date of production of the certified copy of this order, in accordance with law, after affording opportunity of hearing to either of the parties.

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Vivek Kumar Singh, J.), order dated 20.1.2023 in Application U/S 482 No. 43100 of 2022 — Smt. Jeera Devi and another sought quashing of the orders dated 10.02.2022 (Civil Judge (Junior Division) 5th, Varanasi, Misc. Case No. 611/2021) and 08.06.2022 (Session Judge, Varanasi, Criminal Revision no.- Nill/2022) rejecting their application dated 26.11.2012 under Section 340 Cr.P.C. Counsel submitted that against the order dated 10.02.2022 an appeal lay under Section 341 (1) Cr.P.C., the word 'revision' having been typed in place of 'appeal' by inadvertent mistake, and that the revisional court decided the revision on 08.06.2022 without permitting the correction, in haste. Learned AGA for the State had no objection to the matter being relegated. The Court relegated the matter to the Session Judge, Varanasi for reconsideration and disposed of the application with liberty to the applicant to file a fresh appeal, directing the authority concerned to decide it expeditiously, preferably within two months from production of the certified copy of the order, in accordance with law, after affording opportunity of hearing to either of the parties.

Court No. - 58

Case :- APPLICATION U/S 482 No. - 43100 of 2022

Applicant :- Smt. Jeera Devi And Another Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Brij Raj Counsel for Opposite Party :- G.A.

Hon'ble Vivek Kumar Singh,J.

Heard learned counsel for the applicant, learned AGA for the State and perused the record.

The present application U/S 482 Cr.P.C. has been filed by the applications seeking quashing of the orders and judgments dated 10.02.2022 and 08.06.2022 passed by Civil Judge (Junior Division) 5th, Varanasi & Session Judge, Varanasi, by which the application dated 26.11.2012 moved by applicants have been rejected by Civil Judge (Junior Division) 5th, Varanasi in Misc. Case No. 611/2021 and later on, filed revision, same is also rejected by Session Judge, Varanasi in Criminal Revision no.- Nill/2022, respectively, and or pass such other and further order as this Hon'ble Court deems fit and proper under the circumstances of case under Section 340 Cr.P.C.

Learned counsel for the applicant has submitted that against order dated 10.02.2022 the appeal is maintainable under Section 341 (1) Cr.P.C. The word revision has been typed at the place of appeal due to inadvertent mistake. On 23.05.2022 and 02.06.2022 the learned court below granted time for necessary correction. But the learned revisional court vide order dated 08.06.2022 has decided the revision without removing correction in very hasty manner.

Learned AGA for the State has no objection if the matter is relegated to the concerned authority for redressal of grievance.

Considering the facts and circumstances of the case and also considering the averments made by the learned counsel for the applicant, the matter is relegated back to the Session Judge, Varanasi to reconsider the matter. the present petition is disposed of with the liberty to the applicant to file a fresh appeal before the authority concerned, in case any such appeal is filed, the authority concerned is directed to decide the appeal expeditiously preferably within a period of two months from the date of production of certified copy of this order, in accordance with law, after affording opportunity of hearing to either of the parties.

With the above observation the present application is finally disposed of .

Order Date : - 20.1.2023

Rajesh

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