The Allahabad High Court disposed of a criminal revision against an order rejecting an application under Section 156(3) Cr.P.C. The court directed the revisionist to file a fresh application to be adjudicated expeditiously.
Direction to move a fresh application before the court below for reconsideration.
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:229266
Court No. - 82
Case :- CRIMINAL REVISION No. - 5791 of 2023
Revisionist :- Suresh Kumar Gupta Opposite Party :- State Of U.P. And 7 Others Counsel for Revisionist :- Vinay Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ms. Nand Prabha Shukla,J.
Heard learned counsel for the revisionist and learned A.G.A. for the State.
The instant criminal revision has been preferred against the judgement and order dated 19.8.2023 passed by the learned Special Judge (POCSO )Act/Additional Session Judge, Mirzapur in Misc. Case No. 335 of 2023 (Suresh Kumar Gupta vs. Shahjid and others) under Section 156(3) Cr.P.C., Police Station Kachwa, District Mirzapur whereby the court below has rejected the application moved by the complainant/revisionist.
Learned counsel for the revisionist states that certain members of his family had received injuries. It has also been stated that the accused entered into the house and had outraged the modesty of the minor daughter Neha alias Mausam.
On the other hand, the opposite parties with the collusion of police lodged a false and fabricated NCR No. 70 of 2023 under Sections 323, 504 IPC and also challenged the revisionist and his other family members under Section 107, 116, 151 Cr.P.C.
In view of the above, the present revision stands disposed of with a direction to the revisionist to move a fresh application before the court below and the same shall be considered and decided in accordance with law, as expeditiously as possible, if there is no other legal impediment.
Order Date :- 4.12.2023 Shivani
Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the criminal revision against the order rejecting the application under Section 156(3) Cr.P.C. deserves to be allowed or remitted for reconsideration.
State Of U.P.
Nand Prabha Shukla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
