In this criminal revision, the Court stayed the order summoning the revisionists as additional accused. It granted four weeks to the opposite parties to file counter affidavits and listed the matter for further hearing before the appropriate Bench.
The impugned order of 07.02.2024 was stayed pending further orders.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 84
Case :- CRIMINAL REVISION No. - 877 of 2024
Revisionist :- Monika And 2 Others Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Praveen Kumar Singh,Syed Imran Ibrahim Counsel for Opposite Party :- D.M.Tripathi,G.A.
Hon'ble Sanjay Kumar Singh,J.
to know that her husband is already a married person and earlier, his marriage was solemnized on 17.8.2015 with Smt. Sandhya Singh and from their wedlock a daughter was born, whose name is Lucky and is presently aged about four years. The revisionists were very much aware about the first marriage of her husband Rahul Raj but they concealing the said fact, got her married on 28.11.2021 with Rahul Raj. Referring the judgement of the Hon'ble Apex Court in cases of Brijendra Singh and others vs. State of Rajasthan, (2017) 7 SCC 706 , S. Nitheen and Others vs. State of Kerala and Another, 2024 SCC OnLine SC 939 and Chand Dhawan (SMT) vs. Jawaharlal and Other, (1992) 3 SCC 317 , it is argued that the impugned order dated 07.02.2024 is not sustainable.
appropriate Bench.
Order Date :- 13.9.2024 Kashifa
Digitally signed by :- KASHIFA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the impugned order summoning the revisionists as additional accused under Section 319 Cr.P.C. is sustainable when the evidence is only prima facie.
Whether the decree of satisfaction was strong and cogent to summon the revisionists despite them being exonerated in investigation.
Colour shows how this judgement treated each authority
Brijendra Singh and others vs. State of RajasthanReferred¶7
Brijendra Singh and others vs. State of Rajasthan, (2017) 7 SCC 706 · Who else cites this
S. Nitheen and Others vs. State of Kerala and AnotherReferred¶7
S. Nitheen and Others vs. State of Kerala and Another, 2024 SCC OnLine SC 939 · Who else cites this
Chand Dhawan (SMT) vs. Jawaharlal and OtherReferred¶7
Chand Dhawan (SMT) vs. Jawaharlal and Other, (1992) 3 SCC 317 · Who else cites this
2 provisions across 1 enactments
Monika And 2 Others
State of U.P.
Sanjay Kumar Singh
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
