Allowed

Dinesh Chandra v. State of Up and Another

Allahabad HC3 Dec 2024A227/6728/2024

Case brief

AI extract

What is this about?

The High Court set aside an order dismissing a criminal revision petition because the lower court failed to address the appellant's plea regarding the inadmissibility of the application under Section 245(2) Cr.P.C. due to lack of evidence.

What did the court decide?

Impugned revision order set aside; matter remitted to Revisional Court to decide the criminal revision as fresh with 6 months period.

Dinesh Chandra vs State of Up and Another — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:189976

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Court No. - 85

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Case :- MATTERS UNDER ARTICLE 227 No. - 6728 of 2024

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Petitioner :- Dinesh Chandra Respondent :- State of U.P. and Another Counsel for Petitioner :- Bhawesh Pratap Singh Counsel for Respondent :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Heard Sri Bhawesh Pratap Singh, learned counsel for the petitioner and learned A.G.A. for the State.

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The instant petition has been preferred with a prayer to set aside the impugned order dated 26.04.2024 passed by Additional Session Judge, Court No.-14, Kanppur Nagar in Criminal Revision No.241 of 2023 (Deniesh Chandra Vs. State of U.P. and another) and order dated 16.08.2023 passed by Metropolitan Magistrate, Court No.-6, Kanpur nagar in Complaint Case no.- 58628 of 2017 (Siyanand Vs. Dinesh Chandra and others), U/S 406, 420, 467, 468, 471 I.P.C., P.S.- Barra, District- Kanpur Nagar.

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Since the order dated 26.04.2024 passed by learned Revisional Court has been put under challenge only on the ground of illegality involved therein and none of the facts have been conflicted or put under challenge through the instant petition and as such, process for issuing notice to respondent no.2 is hereby dispensed with.

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For substantiating arguments raised by learned counsel for the petitioner showing the illegality involved in the order that the application under Section 245(2) Cr.P.C. can be dismissed on other grounds but not specifically on the ground that at this stage the evidences are not on record which has been decided by Hon'ble Apex Court in case of Ajay Kumar Ghosh Vs. State of Jharkhand and another, 2009 14 SCC 115 and the same has been followed in a reportable judgement dated 30.11.2021 passed by Co-ordinate Bench in Application U/S 482 No.- 4481 of 2021 (Ram Surat Verma Vs. State of U.P. and another) wherein it has been held that the discharge application if preferred by proposed summoned accused, the same can be entertained at any stage specifically if the evidence has not been led by the parties. The same cannot be taken as an impediment to adjudicate the application under Section 245(2) Cr.P.C.

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In the instant matter the crystal clear wordings at the time of declining the prayer made at the behest of petitioner for consideration of his application under Section 245(2) Cr.P.C. and as such the same is not maintainable.

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In view of aforementioned facts and circumstances, order passed by learned Revisional Court dated 26.04.2024 is hereby set aside and the matter is remitted back to learned Revisional Court for deciding Criminal Revision No.- 241 of 2023 (Dinesh Chandra Vs. State of U.P. and another) preferred at the behest of petitioner as fresh in the light of judgement rendered by Hon'ble Apex Court in the case of Ajay Kumar Ghosh (supra) .

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The writ petition stands allowed , accordingly.

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Learned Revisional Court is directed to decide the criminal revision after granting proper opportunity of hearing to the parties concerned, expeditiously within a period of six months from the date of production of certified copy of this order. However, it is made clear that till the outcome of Criminal Revision No.- 241 of 2023 (Dinesh Chandra Vs. State of U.P. and another), no coercive action shall be initiated against the petitioner.

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Order Date :- 3.12.2024 Virendra

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Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad

Dinesh Chandra v. State of Up and Another

Case brief

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Dinesh Chandra v. State of Up and Another

Case brief

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