Disposed

Guru Prasad Singh and 4 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC15 Apr 2024A482/3465/2024

Case brief

AI extract

What is this about?

In a Section 482 Cr.P.C. application, the applicant challenges a revisional order remanding a complaint dismissal case, contending they were not heard during the revision despite prior summons. The court notes discrepancies in the case number and parties on the fresh order sheet but does not decide on merits.

What the court decided

AI extract

Guru Prasad Singh and 4 Others vs State of U.P… — Criminal Trial and Appeal | Allahabad HC (2024)

¶1

Court No. - 11 Case :- APPLICATION U/S 482 No. - 3465 of 2024 Applicant :- Guru Prasad Singh And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another

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Counsel for Applicant :- O.P. Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Abdul Moin,J.

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Heard.

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Issue notice to respondent no. 2 returnable at an early date.

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The instant application has been filed under Section 482 Cr.P.C. raising challenge to order dated 07.12.2023 passed in Criminal Revision No. 125 of 2023 in re: Amol Singh vs State and another. A copy of the said order is annexure 1 to the application. By the said order learned revisional court has set aside the order dated 20.01.2023, a copy of which is annexure SA-1 to the supplementary affidavit dated 15.04.2024, whereby the complaint filed by respondent no. 2 had been dismissed under Section 204(4) Cr.P.C.

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The contention of learned counsel for the applicants is that an application under Section 156(3) Cr.P.C. was filed by respondent no. 2 wherein the applicants alongwith one Shri Dilip Singh had been impleaded as respondents. Learned court vide order dated 11.08.2022, a copy of which is annexure 9 to the petition issued summons to all the applicants herein including Shri Dilip Singh. Subsequent thereto learned court vide order dated 20.01.2023 had dismissed the said complaint under Section 204(4) Cr.P.C. Being aggrieved the respondent no. 2 herein filed the revision in which the applicants were not impleaded as respondents despite summons having been issued to them in the instant case by learned trial court and respondent no. 2 herein only impleaded one of the accused namely Shri Dilip Singh. Learned revisional court vide order impugned

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dated 07.12.2023 has allowed the revision and remanded the matter to learned trial court.

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Placing reliance on judgement of Hon'ble Supreme Court in the case of Raghu Raj Singh Rousha vs Shivam Sundaram Promoters Private Limited and another, (2009) 2 SCC 363 the argument of learned counsel for the applicants is that once the summon had been issued by learned trial court to all the applicants herein including Shri Dilip Singh which complaint had been dismissed and against which the revision has been allowed without impleading the parties herein as such an order to their prejudice was passed without hearing the parties and consequently the order passed by learned revisional court is not in accordance with law and hence merits to be set aside.

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He further contends that learned trial court is now again proceeding afresh against the applicants as would be apparent from perusal of the order sheet, a copy of which is annexure 2 to the application.

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However the said order sheet prima facie indicates that it is bearing a different case number than the initial complaint that had been dismissed by learned trial court. Also, in the said order, the parties indicated are only Dilip Singh without mentioning "and others" as would be apparent from perusal of certified copy of covering of order sheet (page 21).

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Upon the same being pointed out, learned counsel for the applicants prays for some time to indicate about this aspect.

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On his request, list this case after a week as fresh.

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Order Date :- 26.9.2024 J. K. Dinkar

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Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench

Guru Prasad Singh and 4 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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Guru Prasad Singh and 4 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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