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2025 DAILYLAW 104613 (ALL)

POORAN SINGH BUNDELA v. State of U.P. AND 3 OTHERS

A482/35135/2024 · 2025-05-07

Deepak Verma

Transfer Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:74893 Court No. - 84 Case :- APPLICATION U/S 482 No. - 35135 of 2024 Applicant :- Pooran Singh Bundela Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shiv Babu Dubey,Tripathi B.G. Bhai Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant and learned AGA for the State. 2. The present 482 Cr.P.C. application has been filed to quash the entire proceeding of Criminal Revision No.63/2024, Virendra Singh Bundela Vs. State of U.P. and others, under Section 440 of Bhartiya Nagrik Suraksha Sanhita, Police Station-Kotwali Lalitpur, District-Lalitpur. 3. Counsel for the applicant submits that proceedings U/s 145 and 146 Cr.P.C. initiated between the parties, thereafter, SDM, Lalitpur passed an order on 09.12.2022, aggrieved from the said order, applicant filed revision and Revisional Court vide order dated 27.07.2023 passed speaking order and remanded the matter and directed that SDM, Lalitpur shall pass a fresh order after hearing both the parties, considering the observation made therein. SDM concerned, by order dated 27.06.2024, dropped the proceedings U/s 145(1) Cr.P.C., thereafter, opposite party No.4 moved revision bearing No.63 of 2024 and the Revisional Court vide order dated 08.07.2024 issued notices to the applicant and admitted revision. Counsel for the applicant submits that entertainment of revision filed by opposite party No.4 is illegal and arbitrary and without application of judicial mind. After order of revisional court dated 27.07.2023, SDM has found nothing to continue proceeding U/s 145 Cr.P.C. and dropped proceeding under Section 145 Cr.P.C. Proceeding initiated by the respondent no.4 challenging the judgment and order dated 27.06.2024 by filing revision and Revisional Court has exceeded his jurisdiction by entertain revision against the dictum of the Apex Court judgment passed in the case of Ram Sumer Puri Mahant Vs. State of U.P. and other, in SLP (Criminal) No.1369 of 1982. 4. Per contra, learned AGA opposed the submission of applicant's counsel and submitted that prima facie, there is no illegality in entertaining the revision by the Revisional Court. He further submitted that applicant should file objection before Revisional Court. 5. Considering the argument advanced by applicant's counsel and perused the material evident, it is evident that since proceeding, by way of revision, is pending before Ld. Additional District Judge-I, Lalitpur, applicant has opportunity/remedy to raise his all grievances before the court below. 6. It is hereby directed that applicant approach to court below, within two weeks from today and file an application explaining therein all his grievances and trial court shall decide applicant's objection firstly before proceeding further in the case, expeditiously, in accordance with law. 7. With the above directions, this 482 application is disposed of. Order Date :- 8.5.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad