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2024 DAILYLAW 2945 (ALL)

OM SHARAN v. State of U.P. AND 2 Others

CRLR/4032/2024 · 2026-05-06

Lakshmi Kant Shukla

body2024

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 4032 of 2024 Court No. - 45 HON'BLE LAKSHMI KANT SHUKLA, J. 1. Heard Mr. Om Prakash, Advocate holding brief of Mr. Girish Chandra Maurya, learned counsel for the revisionist, Learned A.G.A. for State/ O.P. No. 1, Mr. Alkesh Singh and Mr. Arun Kumar Sharma, learned counsel for O.P. Nos. 2 and 3. 2. Perused the record. 3. Revisionist Om Saran has approached this court by means of present Criminal Revision assailing the judgement and order dated 21.05.2024 passed by the learned Additional Chief Judicial Magistrate, Court No. 1, Mainpuri (herein after referred as "Jurisdiction Magistrate") in Criminal Misc. Case No. 3084 of 2024 (State Vs. Mohit) arising out of Case Crime No. 414 of 2022, under Sections 279, 304-A of I.P.C. whereby the Jurisdictional Magistrate rejected the protest petition filed by the revisionist /informant against the chargesheet. 4. Feeling aggrieved from that order the present criminal revision has been preferred on the ground that the Jurisdictional Magistrate has not appreciated the evidence brought on record. The impugned order is bad in law and is liable to be set aside by this court. 5. Learned counsel for the revisionist submits that after investigation chargesheet has been filed against another vehicle driver while according to the eye witnesses the said vehicle was not involved but the vehicle mentioned in FIR was involved in the said accident. It is thus contended by learned counsel for the revisionist that the impugned order is liable to be Versus Counsel for Revisionist(s) : Girish Chandra Maurya Counsel for Opposite Party(s) : Alkesh Singh, Arun Kumar Sharma, G.A. Om Sharan .....Revisionist(s) State Of U.P. And 2 Others .....Opposite Party(s) aside by this court invoking the power of revisional jurisdiction. 6. Per contra, learned A.G.A. for the State as well as learned counsel for O.P. Nos. 2 and 3 have vehemently opposed the revision and submitted that the protest petition against the chargesheet is not maintainable, the same finding has been given by the Jurisdictional Magistrate. The said protest petition has not been provided in any procedural law described under Cr.P.C. or B.N.S.S.. Therefore the impugned order does not suffer from any illegality, it is therefore, liable to be affirmed and present criminal revision is liable to be dismissed being devoid of merit. 7. When confronted with above, the learned counsel for revisionist could not over come the same, as urged the legal position by the learned A.G.A. as well as learned counsel for O.P. Nos. 2 and 3. 8. Having heard the rival submissions made by learned counsel for the revisionist, learned A.G.A. for the State and learned counsel for O.P. Nos. 2 and 3 and also the submissions urged by learned counsel for O.P. Nos. 2 and 3, the present criminal revision has no force. 9. It is accordingly dismissed. May 7, 2026 RPD CRLR No. 4032 of 2024 2 (Lakshmi Kant Shukla,J.) Digitally signed by :- RATAN PRAKASH DWIVEDI High Court of Judicature at Allahabad