Disposed

Suman Dwivedi and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC2 Dec 2024NA528/77/2024

Case brief

AI extract

What is this about?

This court heard an application under Section 528 BNSS to set aside orders rejecting interim relief and allowing investigation. Noting that the revisional court had admitted the appeal but failed to pass a stay order initiating investigation, the court issued notice to the private respondent, listed the matter, and stayed the operative order pending disposal of the pending revision.

What did the court decide?

The operation of the order dated 03.09.2024 allowing investigation is stayed till the next date of listing or till disposal of the pending revision.

Suman Dwivedi and Another vs State of U.P. Thru… — Criminal Trial and Appeal | Allahabad HC (2024)

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Court No. - 13

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Case :- APPLICATION U/S 528 BNSS No. - 77 of 2024

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Applicant :- Suman Dwivedi And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Alok Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the applicants and learned A.G.A. for the State.

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Present application has been filed with the following prayers:-

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"to set aside the impugned order dated 15.10.2024 passed by learned ADJ III Lucknow in Crl Revision No.742/2024, Suman Dwivedi & another vs. State of U.P. & other up to the extent where it relates to the rejection of interim relief application and the impugned order dated 03.09.2024 passed by Special CJM (Custom) Lucknow allowing the application of O.P. No.2, u/s 174 (2) BNSS for obtaining permission for investigation in the NCR No.61/2024 u/s 115, 352, 351 (2) BNS P/s Ghazipur, District Lucknow registered on 11.08.2024 contained herewith as Annexure No.1 & 2 to this petition.

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2. to stay the further proceedings in lieu of the order dated 03.09.2024 passed by Special CJM (Custom) Lucknow allowing the application of O.P. No.2 u/s 174 (2) BNSS for obtaining permission for investigation in the NCR no.61/2024, u/s 115, 352, 351 (2) BNS P/s Ghazipur, District Lucknow registered on 11.08.2024.

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Learned counsel for the applicants has submitted that incorrect facts have been mentioned in the complaint filed by the private respondent before the Magistrate concerned showing herself as acting learned Chief Standing Counsel, State of U.P. in the High Court but she is not holding any such post. He has further submitted that the order dated 03.09.2024 passed by the Special Chief Judicial Magistrate, (Custom), Lucknow was challenged before the revisional court by filing revision which was admitted on 15.10.2024 but stay application was not decided, as a result investigation has been initiated by the Investigating Officer by registering the FIR in pursuance of the order passed by the Magistrate, therefore, kind indulgence of this Court is necessary.

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Learned A.G.A. has opposed the prayer of the applicants but he does not dispute the fact that the revision has been admitted.

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Considering the submissions of learned counsel for the parties and going through the contents of the application as well as order passed by the Additional Sessions Judge, Court No.1, Lucknow on 15.10.2024 and the order dated 03.09.2024 passed by the Special Chief Judicial Magistrate, (Custom), Lucknow, it is evident that once the revision is admitted, then it was obligatory on the part of court below to pass stay order. Therefore, the matter requires consideration.

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Issue notice to the private respondent.

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List this case on 07.01.2025.

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Till the next date of listing or till disposal of the revision no. 742 of 2024 pending before the Additional Sessions Judge, Court No.1, Lucknow, operation of the order dated 03.09.2024 passed by the Special Chief Judicial Magistrate, (Custom), Lucknow, shall remain stayed.

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Order Date :- 2.12.2024 Renu/-

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Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench

Suman Dwivedi and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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Suman Dwivedi and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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