Court dismissed a criminal revision petition challenging an order already decided on merit in a separate Cr.P.C. No. 482 application, finding no interference required.
The instant criminal revision petition was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:237713
Court No. - 82
Case :- CRIMINAL REVISION No. - 4978 of 2023
Revisionist :- Aneg Pal And 3 Others Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Rajesh Kumar Yadav Counsel for Opposite Party :- G.A.,Gufran Ahmad Khan
Hon'ble Ms. Nand Prabha Shukla,J.
Heard learned counsel for the revisionists, learned counsel for opposite party No. 2 and learned A.G.A. for the State.
At the very outset, learned counsel for the opposite party No. 2 states that the order impugned has already been challenged in the application u/s 482 Cr.P.C. No. 30309 of 2023 and has already been decided on merit vide order dated 18.08.2023. He raised an objection that the same impugned order has been challenged twice by the same revisionist.
Learned counsel for the revisionists submits that the instant revision has been preferred on different grounds. The learned Trial Court has not considered the submission of PW-2 while passing the impugned order.
Upon hearing learned counsel for the parties and perusal of record, it is apparent that the petition u/s 482 Cr.P.C. has been decided on merit.
The revision requires no interference.
The instant revision is, hereby, dismissed.
Order Date :- 15.12.2023 Shivani
Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the same impugned order can be challenged again under criminal revision after being decided on merit via an Article 482 CrPC application.
Whether the trial court failed to consider the submission of PW-2 despite the revisionist's claim.
2 provisions across 2 enactments
Nand Prabha Shukla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
