Ravindra Singh vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

Ravindra Singh vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Both the revisional order dated 22.07.2024 and the summoning order dated 15.12.2023 were set aside and the matter remitted to the court concerned for reconsideration in accordance with law after giving opportunity to both the parties; the petition was disposed of with the aforesaid direction.

Issue for consideration

Whether the criminal revision against the summoning order dated 15.12.2023 was maintainable at the instance of Deepak Agarwal in his individual capacity when he was not summoned by the trial court. +1 more

Ratio / Principle

The Court directed that the orders dated 22.07.2024 (revisional court) and 15.12.2023 (summoning order) are liable to be set aside.

Key takeaways

The matter was remitted back to the Court concerned to reconsider the submissions and pass an appropriate order in accordance with law after giving opportunity to both the parties, subject to their cooperation and if there is no other legal impediment.ratio¶9

Detailed headnote1 paragraphs

Petition under Article 227 of the Constitution of India (Matters Under Article 227 No. 4650 of 2025; Neutral Citation 2025:AHC:78710), decided on 14.5.2025 by Hon'ble Ms. Nand Prabha Shukla, J., High Court of Judicature at Allahabad. Petitioner Ravindra Singh sought setting aside of the order dated 22.07.2024 passed by the Additional Sessions Judge/Fast Track Court-2 (14th Finance Commission), Gorakhpur in Criminal Revision No. 27 of 2024, and revival of the summoning order dated 15.12.2023 passed by the Additional Civil Judge, Senior Division-I/Additional Chief Judicial Magistrate, Gorakhpur in Criminal Complaint Case No. 3088 of 2019 under Sections 406 and 506 IPC, P.S. Shahpur, District Gorakhpur. Contention: the revision was filed by Deepak Agarwal in his individual capacity although he was not summoned by the trial court, and was therefore not maintainable. The High Court directed that both the orders dated 22.07.2024 and 15.12.2023 stand set aside and remitted the matter to the court concerned to reconsider the submissions and pass an appropriate order in accordance with law after giving opportunity to both the parties. Petition disposed of.

Neutral Citation No. - 2025:AHC:78710

Court No. - 81

Case :- MATTERS UNDER ARTICLE 227 No. - 4650 of 2025 Petitioner :- Ravindra Singh Respondent :- State of U.P. and Another Counsel for Petitioner :- Sunil Kumar Counsel for Respondent :- G.A.

Hon'ble Ms. Nand Prabha Shukla,J.

Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record.

By means of the present petition under Article 227 of the Constitution of India, the petitioner has prayed to set aside the impugned order dated 22.07.2024 passed by Additional Sessions Judge/Fast Track Court-2 (14th Finance Commission), Gorakhpur, in Criminal Revision No. 27 of 2024 (Deepak Kumar Agrawal Vs. State of U.P. and another) and to revive the summoning order dated 15.12.2023 passed by Additional Civil Judge, Senior Division-I/Additional Chief Judicial Magistrate, Gorakhpur in Criminal Complaint Case No. 3088 of 2019 (Ravindra Singh Vs. Deepak Agrawal and others), under Sections 406 and 506 IPC, Police Station-Shahpur, District-Gorakhpur.

It has been submitted by learned counsel for the petitioner that in the complaint lodged by the petitioner Deepak Kumar Agrawal @ Deepak Agrawal, Director Shree Laxmikantam Developers Private Limited has been arrayed as an accused and has been summoned vide order dated 15.12.2023 to face trial under Sections 406 and 506 IPC.

But the revision preferred against the said order has been filed by Deepak Agarwal in his individual capacity, who was not summoned by the trial court at all. Therefore, the revision was not maintainable and the order passed by the revisional court is bad in the eyes of law.

Considering the aforesaid facts and circumstances of the case, it is hereby directed that the orders dated 22.07.2024 and 15.12.2023 are liable to be set aside and the matter is hereby remitted back to the Court concerned to reconsider the submissions and pass an appropriate order in accordance with law after giving opportunity to both the parties and subject to their cooperation if, there is no other legal impediment.

With the aforesaid direction, the petition is disposed of.

Order Date :- 14.5.2025/Shivani

Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad