AHC-LKO disposed of a criminal revision challenging an order that set aside a summons order. The High Court held that the impugned revisional order did nothing substantive or decisive, allowing no ground for interference.
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Neutral Citation No. - 2024:AHC-LKO:77424
Court No. - 14
Case :- CRIMINAL REVISION No. - 1421 of 2024 Revisionist :- Suhel Khan
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 5 Others
Counsel for Revisionist :- Rajesh Kumar Awasthi Counsel for Opposite Party :- G.A.
Hon'ble Ajai Kumar Srivastava-I,J.
Heard learned counsel for the revisionist and learned A.G.A. for the State.
The instant criminal revision has been filed by the revisionist against the judgment and order dated 05.10.2024 passed by learned First Additional Session Judge, Bahraich in Criminal Revision No.128 of 2022 "Farookh Khan and others vs. State of U.P. and another" by which the learned Revisional Court has allowed the revision and rejected the order dated 04.08.2022 passed by learned Judicial Magistrate, Bahraich in Complaint No.8180 of 2020 "Suhel Khan vs. Farookh Khan and others", Police Station Kotwali Dehat, District Bahraich.
It is submitted by learned counsel for the revisionist that the order dated 04.08.2022 passed by the learned trial Court was perfectly correct and was passed in accordance with law having regard to the facts mentioned in the complaint filed by the revisionist and also having regard to the statements recorded by his witnesses under Section 202 Cr.P.C. However, learned revisional Court has proceeded to allow the revision filed by the opposite party nos.2 to 5 and has also ultimately set aside the order dated 04.08.2022 passed by learned trial Court wherein, according to learned counsel for the revisionist, no illegality or irregularity appears or exists. He, thus, submits that the impugned revisional order dated 05.10.2024 deserves to be set aside.
Learned A.G.A. has vehemently opposed the aforesaid prayer by submitting that learned trial Court, while allowing the revision, has recorded
specific reasons therefor as is contained in para 15 of the impugned judgment and order dated 05.10.2024. He, thus, submits that the instant criminal revision deserves to be dismissed.
Having heard learned counsel for the revisionist, learned A.G.A. for the State and upon perusal of the record, it transpires that by means of the impugned judgment and order dated 05.10.2024, learned revisional Court has allowed the revision filed by the opposite party nos.2 to 5 and has set aside the impugned order dated 04.08.2022 whereby the opposite party nos.2 to 5 were directed to be summoned to stand trial and has also directed the learned trial Court to pass an order afresh.
This Court, after having given its anxious consideration to the matter, does not find that any right of the present revisionist or of the opposite party nos.2 to 5 was adjudicated by the learned revisional court while deciding the Criminal Revision No.128 of 2022. It has simply directed the learned trial Court to pass an order afresh on the basis of the complaint and the statement of witnesses recorded under Section 202 Cr.P.C.
Therefore, in the aforesaid view of the matter, this Court is not inclined to interfere with the impugned order dated 05.10.2024 passed by the revisional court as, in fact, nothing has been decided by means of it. Therefore, there is no illegality or irregularity in the impugned order.
However, it is needless to mention that learned trial court, while proceeding to pass an order afresh as directed by learned revisional Court, shall confine itself to the content of the complaint filed by the revisionist, his statement recorded under Section 200 Cr.P.C. and the statement of witnesses recorded under Section 202 Cr.P.C. without being influenced by any other observation, whatsoever made by the learned revisional court.
With the aforesaid observations, the instant criminal revision is finally disposed o f.
Order Date :- 21.11.2024/Mahesh
Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench
State of U.P.
Ajai Kumar Srivastava
Mahesh
As recorded by the court registry
2 orders share this CNR
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