Disposed

Teerath Bhavan and 2 Others v. State of U.P. through Secretary Home at Lucknow and Another

Allahabad HC13 Aug 2024A482/25444/2024

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. seeking to quash criminal proceedings for an alleged offence under Section 323 IPC, theAllahabad High Court directed the applicants to file a criminal revision against the summoning order before the Court of Session instead of quashing the proceedings outright, considering revision as the appropriate remedy. No coercive action was taken pending the filin

What did the court decide?

Applicants directed to file criminal revision; no coercive action to be taken pending such filing.

Teerath Bhavan and 2 Others vs State of U.P… — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:131163

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Court No. - 82

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Case :- APPLICATION U/S 482 No. - 25444 of 2024

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Applicant :- Teerath Bhavan And 2 Others Opposite Party :- State Of U.P. Through Secretary Home At Lucknow And Another Counsel for Applicant :- Avadh Narayan,Rajendra Kumar Ratnakar

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Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.

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The present application u/s 482 Cr.P.C. has been moved with prayer to quash the entire proceeding including the impugned summoning order dated 31.05.2024 in Case No.47166 of 2022 (Gayatri Verma vs. Teerath Bhavan and others) under Section 323 I.P.C., Police Station Kotwali, District Fatehpur pending before the A.C.J.M., Court No.3, District Fatehpur during the pendency in the courts below, otherwise the applicants shall suffer irreparable loss and injury and also prays to stay the further proceeding of the aforesaid case.

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It is submitted by learned counsel for the applicants that in this case summoning order was passed by learned Magistrate in complaint filed by the opposite party no.2 who is mother-in-law of the applicant no.2. Further submitted that the statements of the complainant as well as other witnesses were recorded u/s 200 & 202 Cr.P.C. on the basis of which summoning order was passed by the learned court concerned without applying its judicial mind. Therefore, request to quash the entire proceedings of the case as well as summoning order passed by learned Magistrate dated 31.05.2024.

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Learned A.G.A. opposed the prayer as aforesaid and contended that the order passed by learned Magistrate is revisable and revision is maintainable before the learned court of Session but by passing the revisional remedy present application has been filed by the applicant before this Court.

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Considering the facts and circumstances of the case, submissions

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made by learned counsel for the applicants as well as learned A.G.A., perusal of record and the order passed by learned Magistrate, it appears that in this case the order was passed by the learned A.C.J.M. Court No.3, Fatehpur against which remedy of revision is available to the applicants which is to be filed before the learned court of Session, therefore, it is expedient to direct the applicants to file criminal revision against the order passed by learned Magistrate before the learned court of Session which shall be entertained by the learned revisional court notwithstanding the limitation period which was spent by the applicants before this Court.

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Till the filing of revision before the learned court of Session, no coercive action shall be taken against the applicants.

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Accordingly, this application is disposed of finally.

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Order Date :- 13.8.2024 Ashok Gupta

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Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad

Teerath Bhavan and 2 Others v. State of U.P. through Secretary Home at Lucknow and Another

Case brief

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Teerath Bhavan and 2 Others v. State of U.P. through Secretary Home at Lucknow and Another

Case brief

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