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Ajay Kumar Saroj Vs State of Up and 3 Others — Writ and Judicial Review | Allahabad HC (2025)

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Allahabad HC
2025
Ajay Kumar Saroj Vs State of Up and 3 OthersAjay Kumar Saroj v. State of Up and 3 Others

Dismissed¶12

Ajay Kumar Saroj v. State of Up and 3 Others

Allahabad HC4 Feb 2025A227/9759/2024

Case brief

AI extract

What is this about?

Allahabad High Court, Article 227 petition No. 9759 of 2024 (decided 05.02.2025, Saurabh Srivastava, J.) by Ajay Kumar Saroj challenging (a) conversion of his Section 156(3) Cr.P.C. application into a complaint case by Judicial Magistrate Court No.1, Allahabad (order 20.12.2018, Case 57 of 2019, P.S. Soraon) and (b) rejection of Criminal Revision 345/2019 under Section 397 Cr.P.C. by Additional Session Judge/FTC First, Allahabad (order 01.06.2023); dismissed as infructuous because the complaint case had meanwhile been rejected by ACJM Court No.17, Allahabad on 21.09.2021 and that rejection was not challenged; petitioner reserved liberty to pursue other legal recourse. Keywords: infructuous; Article 227; Section 156(3) Cr.P.C.; complaint case; dismissal as infructuous; liberty to seek remedies.

What did the court decide?

No substantive relief; petitioner left at liberty to take all legal recourse available at law

Why is it important?

Since the petitioner's complaint case has already been rejected by the concerned authority, the instant petition has become infructuous and cannot be entertained. ¶11

What the court decided

AI extract

Outcome

No substantive relief; petitioner left at liberty to take all legal recourse available at law

Issue for consideration

Whether the Article 227 petition seeking to set aside the treatment of the petitioner's Section 156(3) Cr.P.C. application as a complaint case (order dated 20.12.2018) and the rejection of his criminal revision thereagainst (order dated 01.06.2023) could still be entertained when the complaint case itself had been rejected on 21.09.2021 and that rejection was left unchallenged.

Court's answer

Since the petitioner's complaint case has already been rejected by the concerned authority, the instant petition has become infructuous and cannot be entertained.

Ratio / Principle

The petition stands dismissed as infructuous, with the petitioner left at liberty to take all legal recourse available at law.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Court No. 79), MATTERS UNDER ARTICLE 227 No. 9759 of 2024 (Neutral Citation 2025:AHC:16573), decided 05.02.2025 by Saurabh Srivastava, J. — Petitioner Ajay Kumar Saroj sought to set aside (i) the order dated 20.12.2018 of the Judicial Magistrate, Court No.1, Allahabad (Case no. 57 of 2019, P.S. Soraon, District Allahabad) whereby his application under Section 156(3) Cr.P.C. was treated as a complaint case, and (ii) the order dated 01.06.2023 of the Additional Session Judge/FTC First, Allahabad rejecting his Criminal Revision no. 345/2019 under Section 397 Cr.P.C. against that order. During the revision's pendency the complaint case had been rejected on 21.09.2021 by the Additional Chief Judicial Magistrate, Court No.17, Allahabad, and that rejection was not challenged through this petition. Holding the petition infructuous and incapable of entertainment on that account, the Court dismissed it as infructuous, leaving the petitioner at liberty to take all legal recourse available at law.

A

Neutral Citation No. - 2025:AHC:16573

Court No. - 79

Case :- MATTERS UNDER ARTICLE 227 No. - 9759 of 2024

Petitioner :- Ajay Kumar Saroj Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Ajay Kumar Kushwaha,Rama Kant Kushwaha Counsel for Respondent :- G.A.

Hon'ble Saurabh Srivastava,J.

Heard Ms. Khushboo Gupta, learned counsel for the petitioner and learned AGA for the State.

Present petition has been preferred with the following prayers:-

"i) Issue an order or direction this Court may be pleased to set aside the order dated 01.06.2023 passed by the Additional Session Judge/FTC First, Allahabad in Criminal Revision no. 345/2019 (Ajay Kumar Saroj vs. State of U.P. and others) under section 397 of Cr.P.C. as well as order dated 20.12.2018 passed by the Judicial Magistrate, Court No.1, Allahabad in Case no. 57 of 2019 (Ajay Kumar vs. Ram Patel and others) under section 156(3) Cr.P.C., Police StationSoraon, District-Allahabad."

It is the case of the petitioner that application under Section 156(3) Cr.P.C. preferred by him was treated as complaint case vide order dated 20.12.2018 passed by learned Judcial Magistrate, Court no. 1, Allahabad. Being aggrieved with the order dated 20.12.2018, petitioner preferred a criminal revision before the court concerned but the same was also rejected vide order dated 01.06.2023 passed by learned Additional Session Judge/FTC, First, Allahabad which has been challenged through the instant petition.

During the pendency of aforesaid revision, the complaint case of petitioner was rejected vide order dated 21.09.2021 passed by learned Additional Chief Judicial Magistrate, Court no. 17, Allahabad but the same has not been challenged through the instant petition.

After perusal of the records and for the reasons aforesaid that complaint case of petitioner has already been rejected by the concerned authority, it appears that the instant petition has become infructuous and as such the same cannot be entertained.

In view of the aforesaid, the instant petition stands dismissed as infructuous . However, petitioner will be at liberty to take all legal recourse available at law.

Order Date :- 5.2.2025 Shaswat

Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the Article 227 petition seeking to set aside the treatment of the petitioner's Section 156(3) Cr.P.C. application as a complaint case (order dated 20.12.2018) and the rejection of his criminal revision thereagainst (order dated 01.06.2023) could still be entertained when the complaint case itself had been rejected on 21.09.2021 and that rejection was left unchallenged.medium confidence¶11
The court held
Since the petitioner's complaint case has already been rejected by the concerned authority, the instant petition has become infructuous and cannot be entertained.ratio¶11

Statutes considered

3 provisions across 2 enactments

AI extract

Code of Criminal Procedure397¶8 156(3)¶8
Constitution of IndiaArticle 227¶3

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 20.12.2018 of the Judicial Magistrate, Court No.1, Allahabad treating the petitioner's application under Section 156(3) Cr.P.C. as a complaint case (Case no. 57 of 2019, P.S. Soraon, District Allahabad), together with the order dated 01.06.2023 of the Additional Session Judge/FTC First, Allahabad rejecting the petitioner's Criminal Revision no. 345/2019 against it — both sought to be set aside through this petition.¶8
Judicial Magistrate, Court No.1, Allahabad; Additional Session Judge/FTC First, Allahabad · 20.12.2018; 01.06.2023
Prior proceeding
Application under Section 156(3) Cr.P.C. preferred by the petitioner was treated as a complaint case vide order dated 20.12.2018 of the learned Judicial Magistrate, Court No.1, Allahabad.¶9
Prior proceeding
Aggrieved by the 20.12.2018 order, the petitioner preferred a criminal revision, which was rejected vide order dated 01.06.2023 of the learned Additional Session Judge/FTC, First, Allahabad.¶9
Prior proceeding
During the pendency of the revision, the petitioner's complaint case was rejected vide order dated 21.09.2021 of the learned Additional Chief Judicial Magistrate, Court No.17, Allahabad; that rejection was not challenged through the instant petition.¶10

Parties & counsel

AI extract

petitioner
Ajay Kumar Saroj¶4
Ajay Kumar Kushwaha, Rama Kant Kushwaha, Khushboo Gupta
respondent
State Of Up And 3 Others¶4
G.A.

Coram

AI extract

Saurabh Srivastavaauthor¶5

Case details

As recorded by the court registry

Court: Allahabad HC
Decided on: 4 Feb 2025 · February
Registered: 7 Aug 2024
Case no.: A227/9759/2024
CNR: UPHC014013602024
Topic: Writ and Judicial Review
Case type: MATTERS UNDER ARTICLE 227

All orders in this case

3 orders share this CNR

21 Jan 2025Order 1 · Saurabh Srivastava
4 Feb 2025Order 2 — this page
5 Feb 2025Order 3 · Saurabh Srivastava

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Cite this judgement

Ajay Kumar Saroj v. State of Up and 3 Others, A227/9759/2024 (ALL), decided on 4 February 2025.

The Allahabad High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes3

Code of Criminal Procedure397 · 156(3)
Constitution of IndiaArticle 227

View all statutes

Procedural history4

Order dated 20.12.2018 of the Judicial Magistrate, Court No.1, Allahabad treating the petitioner's application under Section 156(3) Cr.P.C. as a complaint case (Case no. 57 of 2019, P.S. Soraon, District Allahabad), together with the order dated 01.06.2023 of the Additional Session Judge/FTC First, Allahabad rejecting the petitioner's Criminal Revision no. 345/2019 against it — both sought to be set aside through this petition.Judicial Magistrate, Court No.1, Allahabad; Additional Session Judge/FTC First, Allahabad · 20.12.2018; 01.06.2023
Application under Section 156(3) Cr.P.C. preferred by the petitioner was treated as a complaint case vide order dated 20.12.2018 of the learned Judicial Magistrate, Court No.1, Allahabad.
Aggrieved by the 20.12.2018 order, the petitioner preferred a criminal revision, which was rejected vide order dated 01.06.2023 of the learned Additional Session Judge/FTC, First, Allahabad.

View full history

Bench / Coram

Saurabh Srivastava

Parties & counsel