Ashok Verma Ex-Secretary, Pnu Club and 2 Others… — Writ and Judicial Review | Allahabad HC (2025)

Ashok Verma Ex-Secretary, Pnu Club and 2 Others… — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Modification of the revisional court's order dated 13.09.2024 such that the trial court's reconsideration of the protest petition is not dependent upon the revisional court's conclusion or its direction to register the case as a complaint case; fresh consideration to be expedited as expeditiously as possible, preferably within two months of production of a certified copy of the order.

Issue for consideration

Whether the order dated 13.09.2024 passed by the Additional Sessions Judge, Court No. 9, Varanasi allowing Criminal Revision No. 338 of 2023 (whereby the matter was remanded with an indication to register the case as a complaint case) was legally sustainable. +1 more

Court's answer

The writ petition stands partly allowed.

Ratio / Principle

The order dated 13.09.2024 of the Additional Sessions Judge, Court No. 9, Varanasi is modified to the extent that the reconsideration of the matter remanded to the concerned court shall not be dependent upon the conclusion drawn by the learned revisional court, specifically its indication to register the case as a complaint case.

Key takeaways

A fresh consideration of the protest petition preferred by respondent no. 2 shall be expedited as expeditiously as possible, preferably within a period of two months from the date of production of a certified copy of this order.ratio¶¶14

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Saurabh Srivastava, J.), Matters Under Article 227 No. 15072 of 2024, Order Date 5.2.2025. Petition by Ashok Verma (Ex-Secretary, Pnu Club) and 2 others challenging the order dated 13.09.2024 of the Additional Sessions Judge, Court No. 9, Varanasi in Criminal Revision No. 338 of 2023 (Mangal Soni vs. State of U.P. and Others), whereby respondent no. 2's revision against the CJM Varanasi order dated 21.08.2023 (accepting the final report on an FIR and rejecting respondent no. 2's protest petition) was allowed and the matter remanded. Holding: the impugned revisional-court order is hereby modified to the extent that the concerned court's reconsideration of the remanded matter shall not be dependent upon the conclusion drawn by the revisional court, specifically its indication to register the case as a complaint case; the writ petition stands partly allowed; a fresh arrival over the protest petition shall be expedited, preferably within two months from production of a certified copy of the order. Digitally signed by Vikram Gupta, High Court of Judicature at Allahabad.

Neutral Citation No. - 2025:AHC:16341

Court No. - 79

Case :- MATTERS UNDER ARTICLE 227 No. - 15072 of 2024

Petitioner :- Ashok Verma Ex-Secretary, Pnu Club And 2 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Manish Singh,Sushma Singh Counsel for Respondent :- G.A.,Siddarth Jaiswal

Hon'ble Saurabh Srivastava,J.

Heard Sri Manish Singh, learned counsel for petitioners and Sri Siddharth Jaiswal, learned counsel for respondent no. 2 as well as learned AGA for the State.

The instant petition has been preferred for challenging the order dated 13.09.2024 passed by learned Additional Sessions Judge, Court No. 9, Varanasi in Criminal Revision No. 338 of 2023 (Mangal Soni vs. State of U.P. and Others).

It is the case of petitioner that initially an FIR was lodged by respondent no. 2 against the petitioners wherein after conducting investigation, final report was submitted in favour of the petitioners and the same has been challenged by way of filing protest petition at the behest of respondent no. 2 before the learned Chief Judicial Magistrate, Varanasi. Thereafter, the learned concerned court vide its order dated 21.08.2023, accepted the final report and rejected the protest petition filed by the respondent no. 2. Being aggrieved with the order dated 21.08.2023, the respondent no. 2 preferred Criminal Revision No. 338 of 2023 which was allowed by learned Court of Additional Sessions Judge, Court No. 9, Varanasi vide order dated 13.09.2024, which impugned the present petition.

It is submitted by learned counsel for the petitioners that the concerned court without considering the facts and circumstances of the case, in a routine manner, allowed the Criminal Revision preferred at the behest of the respondent no. 2, which is totally illegal and arbitrary.

Per contra, Sri Siddharth Jaiswal, learned counsel for respondent

no. 2 as well as learned AGA vehemently opposed the prayer made through the instant petition and rebutted the stand taken up by learned counsel for petitioners.

After having the rival contentions raised by learned counsel for parties, the order impugned dated 13.09.2024 passed by the learned revisional court i.e., learned Additional Sessions Judge, Court No. 9, Varanasi is hereby modified to the extent that the matter which has been directed to be remanded back to the learned concerned court that reconsideration of the concerned court shall not be dependent upon the conclusion drawn by learned revisional court specifically in shape of indicating learned concerned court to register the case as complaint case.

7. The writ petition stands partly allowed .

However, it is made clear that fresh arrival over the protest petition preferred at the behest of the respondent no. 2 shall be expedited as expeditiously as possible, preferably within a period of two months from the date of production of a certified copy of this order.

Order Date :- 5.2.2025 #Vik/-

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