Allowed

Hoshiyar Singh v. State of U.P. and 4 Others

Allahabad HC4 Jul 2024A227/4112/2024

Case brief

AI extract

What is this about?

Under Article 227, the High Court set aside orders dismissing a criminal revision and a complaint case. The matter was remitted to the lower court for reconsidering the complainant's statement and witness evidence under Cr.P.C. Sections 200 and 202.

What did the court decide?

Impugned orders dated 21.02.2024 and 27.06.2022 set aside; matter remitted to reconsider statement of complainant and witnesses under Sections 200 and 202 Cr.P.C.

Hoshiyar Singh vs State of U.P. and 4 Others — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:108725

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Court No. - 87

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Case :- MATTERS UNDER ARTICLE 227 No. - 4112 of 2024

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Petitioner :- Hoshiyar Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Raghuraj Singh,Vishal Kumar Counsel for Respondent :- G.A.

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Hon'ble Ms. Nand Prabha Shukla,J.

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Heard learned counsel for the petitioner, learned Additional Government Advocate for the State and perused the record.

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By means of the present petition under Article 227 of the Constitution of India, the petitioner has prayed to set aside the judgment and order dated 21.02.2024 passed by the Additional District and Sessions Judge/Special Judge (E.C. Act), Farrukhabad in Criminal Revision No. 144 of 2022 (Hoshiyar Singh Vs. State of U.P. and others) as well as order dated 27.06.2022 passed by Judicial Magistrate (J.D.), Court No. 6, District-Farrukhabad in Complaint Case No. 3560 of 2021 (Hoshiyar Singh Vs. Jagmohan), during the pendency of the petition.

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It has been submitted by learned counsel for the petitioner that an application was moved by the petitioner under Section 156 (3) Cr.P.C. which was treated as a complaint case and the respondent No. 2 summoned to face trial under Sections 323 and 504 IPC. It has further been submitted that as per the allegations in the complaint, offence of cheating as well as forgery is also made out. Against the order, the petitioner preferred a Criminal Revision which was also dismissed.

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From the perusal of record, it transpires that there is sufficient material to summon the respondents accused and cognizable offence is made out against the respondent Nos. 2 to 5.

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In view of the aforesaid facts and circumstances of the case, the impugned orders dated 21.02.2024 and 27.06.2022 is liable to be set aside and the matter is hereby remitted back to the Court concerned to reconsider the statement of the complainant and the witnesses recorded under Sections 200 and 202 Cr.P.C. and other oral and documentary evidence and pass an appropriate order in accordance with law.

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With the aforesaid directions, the petition is allowed .

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Order Date :- 4.7.2024

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Shivani

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Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad

Hoshiyar Singh v. State of U.P. and 4 Others

Case brief

What is this about?

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Hoshiyar Singh v. State of U.P. and 4 Others

Case brief

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