Disposed

Shekhar Singh v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC14 Nov 2024A482/10227/2024

Case brief

AI extract

What is this about?

In an application under Section 482 CrPC challenging a revision order allegedly passed without hearing, the court directed the issuance of notice to the second respondent to frame issues, file counter-affidavits, and return for hearing after four weeks.

What did the court decide?

Notice issued to opposite party no.2; issues framed; counter affidavit and rejoinder filed; matter listed after four weeks.

Shekhar Singh vs State of U.P. Thru. Prin… — Civil Procedure and Limitation | Allahabad HC (2024)

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Court No. - 14

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Case :- APPLICATION U/S 482 No. - 10227 of 2024

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Applicant :- Shekhar Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Ishan Baghel,Deepti Singh

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Counsel for Opposite Party :- G.A.

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Hon'ble Ajai Kumar Srivastava-I,J.

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In compliance of Court's order dated 14.11.2024, a supplementary affidavit filed today by Sri Ishan Baghel, learned counsel for the applicant is taken on record.

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Heard Sri Ishan Baghel, learned counsel for the applicant and Sri Rajesh Kumar Singh, learned A.G.A. for the State-opposite party No.1.

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By means of instant application U/S 482, a challenge has been made to an order dated 31.07.2024 passed by Additional Sessions Judge/ F.T.C.-I, Pratapgarh in Revision No.229 of 2023 (Balendra Bhushan vs. State of U.P. and others) arising out of Complaint Case No.10 of 2013 (Krishna Pal Singh vs. Ravindra Pratap Singh and others), under Sections 193, 419, 420, 465, 467, 468, 471, 120B I.P.C., Police Station Takkarganj, District Pratapgarh whereby the revision has been allowed and order dated 18.04.2023 passed by Additional Civil Judge (J.D.), Court No.24, Pratapgarh was set aside.

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Submission of learned counsel for the applicant is that the impugned order has been passed

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without hearing applicant herein. In order to buttress his aforesaid submission, he has drawn attention of this Court to page 17 of the supplementary affidavit filed today and has stated on the basis thereof that on 10.07.2024, the next date fixed by learned revisional court was 23.07.2024. Thereafter, though from a perusal of certified copy of the order-sheet, two more dates, i.e., 23.07.2024 and 30.07.2024 were fixed, however, it appears that no proper order-sheet was drawn by the competent court for the aforesaid two dates. The impugned order dated 31.07.2024 passed in Revision No.229 of 2023 suddenly came to light.

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His further submission is that an opportunity of hearing is an essential component of right of fair trial. The revisionist too has a right of hearing, as he was appearing in the proceedings of revision No.229 of 2023 which he was denied. Therefore, the impugned order is patently illegal and deserves to be quashed.

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Per contra, learned A.G.A. has vehemently opposed the aforesaid prayer by submitting that there is mentioning in the impugned order that parties were heard and for this he has drawn attention of this Court to para 4 of the impugned order dated 31.07.2024.

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Having heard learned counsel for parties and keeping in view the submissions advanced by them, the matter requires consideration.

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Issue notice to opposite party no.2, returnable

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at an early date.

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Steps be taken within a week.

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Let counter affidavit be filed within three weeks.

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one week's time thereafter shall be available to learned counsel for the applicant to file rejoinder affidavit.

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List immediately after expiry of the four weeks.

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Meanwhile, it is provided that the impugned order dated 31.07.2024 shall not be given effect to qua the present applicant- Shekhar Singh only, if the same has not been given effect to till date.

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(Ajai Kumar Srivastava-I, J.)

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Order Date :- 20.11.2024 Shubhankar

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Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench

Shekhar Singh v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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Shekhar Singh v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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