Dismissed¶18

Padam Singh v. State of U.P. and Another

Allahabad HC3 Apr 2025CRLR/1373/2025

Case brief

AI extract

What is this about?

Section 173(8) CrPC further investigation application by accused rejected; criminal revision dismissed; Magistrate's power to order further investigation after charge-sheet not decided; preliminary objection that accused has no legal right under Section 173(8); Allahabad High Court; Rampur; Babubhai v State of Gujarat (2010) 12 SCC 254; Vinubhai Haribhai Malaviya; charge framed 6.4.2024; PW-1 cross-examination completed 16.8.2024.

What did the court decide?

On the preliminary objection that the accused has no legal right to move an application under Section 173(8) Cr.P.C., learned counsel for the revisionist was not able to give any sufficient reply before this Court. ¶16

Padam Singh vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL REVISION No. - 1373 of 2025

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Padam Singh

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.....Revisionist(s)

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Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Revisionist(s) :	Akhilesh Kumar Singh
Counsel for Opposite Party(s) :	G.A.

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Court No. - 91

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HON'BLE ABDUL SHAHID, J.

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Heard learned counsel for the revisionist at the point of admission.

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The present criminal revision has been preferred against the judgment and order dated 5.2.2025 passed by ACJM/Additional Civil Judge (S.D.) Rampur in application dated 17.12.2024 filed under Section 173(8) Cr.P.C. in Case No.1001 of 2020 arising out of Case Crime No.91 of 2019 (State vs. Natthu Lal and others) under Sections 147, 148, 149, 323, 324 IPC, Police Station-Shahzadnagar, Rampur, whereby the court below has rejected the application filed under Section 173(8) Cr.P.C. for further investigation.

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Learned counsel for the revisionist has relied on the law laid down by the Supreme Court in Babubhai vs. State of Gujarat and others; 2010 (12) SCC 254 and in Vinubhai Haribhai Malaviya and others vs. The State of Gujarat and another (Criminal Appeal Nos.478-479 of 2017) decided on 16.10.2019 and submitted that the Magistrate has every power to initiate further investigation under Section 173(8) Cr.P.C.

¶11

In this matter, the FIR had been lodged on 20.3.2019 and thereafter the charge-sheet has been filed on 15.5.2019. In the impugned order, it is specifically mentioned by the learned Magistrate after application of his judicial mind that after filing the charge-sheet, the accused appeared and released on bail. Thereafter, the charge was framed against the accusedrevisionist on 6.4.2024 and he denied the charges and seeks trial. During trial, the statement of complainant- Mahendra Singh (PW-1) has already

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CRLR No. 1373 of 2025

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been recorded on 25.4.2024 and the cross-examination was also completed 16.8.2024.

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Learned AGA for the State has raised preliminary objection that the accused is having no legal right to move an application under Section 173(8) Cr.P.C.

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On this, learned counsel for the revisionist is not able to give any sufficient reply before this Court.

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Therefore, this Court find that the impugned order dated 5.2.2025 passed by ACJM/Additional Civil Judge (S.D.) Rampur in Case No.1001 of 2020 arising out of Case Crime No.91 of 2019 (State vs. Natthu Lal and others) under Sections 147, 148, 149, 323, 324 IPC, Police StationShahzadnagar, Rampur, is neither having any illegality or irregularity. Hence, the present criminal revision is liable to be dismissed.

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It is dismissed, accordingly.

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(Abdul Shahid,J.)

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October 15, 2025

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LN Tripathi

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Digitally signed by :- LALIT TRIPATHI High Court of Judicature at Allahabad

Padam Singh v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Padam Singh v. State of U.P. and Another

Case brief

What is this about?

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