Dismissed

Dhiraj Singh v. State of U.P. and 2 Others

Allahabad HC7 Aug 2023CRLRD/242/2023

Case brief

AI extract

What is this about?

The High Court considered a defective criminal revision filed to set aside an ex-parte order under the Cr.P.C. The court observed that the revisionist, while filing the revision, concealed the fact that an earlier application to set aside the ex-parte order had been dismissed in default. Consequently, the court allowed the withdrawal of the revision but imposed costs.

What did the court decide?

Withdrawal of the defective criminal revision allowed with costs of Rs. 10,000. The amount to be deposited by the revisionist with the Court below within a month.

Dhiraj Singh Vs State of U.P. and 2 Others — Civil Procedure and Limitation | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:157784

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Court No. - 50

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Case :- CRIMINAL REVISION DEFECTIVE No. - 242 of 2023

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Revisionist :- Dhiraj Singh Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Padmaker Pandey,Mamta Singh Counsel for Opposite Party :- G.A.,Narendra Singh

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Hon'ble Ram Manohar Narayan Mishra,J.

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Sri Padmaker Pandey, learned counsel for the revisionist as well as Sri Narendra Singh, learned counsel for the opposite party Nos.2 and 3 is present.

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Instant defective criminal revision has been preferred against the judgement and order dated 5.8.2021, passed by Principal Judge, Family Court, Fatehpur in Case No.285 of 2020, Namrata Singh and another Vs. Dhiraj Singh, under Section 125 Cr.P.C., Police Station Kotwali, District Fatehpur.

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As per the report of stamp reporter, present revision is delayed by 264 days and an application for condonation of delay has been filed, which is fixed for hearing on today.

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Learned counsel for the revisionist submitted that he concedes this fact that against the impugned ex-parte judgement and order dated 5.8.2021, a petition under Section 126 Cr.P.C. was filed by the revisionist before the court bellow for setting aside the said exparte judgement. However, said application was dismissed in default vide order dated 11.11.2022 by the Additional Principal Judge, Family Court, Fatehpur. This fact was not brought to his knowledge when the revisionist consulted him for filing of present revision and any concealment of fact may not be attributed to him, who is counsel for the revisionist but revisionist is himself responsible for that and for that count, he seeks to withdraw present revision.

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Learned counsel for the revisionist also apologized personally for this but pleaded his innocence.

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Per contra, learned counsel for the opposite party nos.2 and 3 submitted that he has filed a copy of order dated 11.11.2022 passed by the court below on petition under Section 126 Cr.P.C. (Dhiraj

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Singh vs. Namrata Singh), which was dismissed in default by the learned court below and this fact was deliberately concealed by the revisionist while filing present revision. Therefore, if the application for withdrawal is allowed, the same may be dismissed with cost.

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Considering submissions made by learned counsel for the parties and concealment of fact by the revisionist while filing present revision before this Court, I am of the opinion that prayer for withdrawal of the petition may be allowed with cost.

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Accordingly, present defective criminal revision is dismissed with cost of Rs.10,000/-. The amount of cost will be deposited by the revisionist before the Court below wihthin a month, which will be payable to Smt. Namrata Singh- opposite party No.2 by the court below.

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Order Date :- 7.8.2023 Kamarjahan

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Digitally signed by :- KAMARJAHAN ANSARI High Court of Judicature at Allahabad

Dhiraj Singh v. State of U.P. and 2 Others

Case brief

What is this about?

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Dhiraj Singh v. State of U.P. and 2 Others

Case brief

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