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2025 DAILYLAW 132699 (ALL)

SMT. ATMIKA SINGH v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND ANOTHER

A482/3411/2024 · 2025-07-15

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:40451 Court No. - 15 Case :- APPLICATION U/S 482 No. - 3411 of 2024 Applicant :- Smt. Atmika Singh Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Pranshu Agrawal,Chandan Srivastava Counsel for Opposite Party :- G.A.,Akshat Sinha,Ashish Shukla,Chandra Shekhar Sinha,Gaurav Verma,O.P. Tiwari Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Chandan Srivastava, the learned counsel for the applicant, Sri S.P. Singh, the learned counsel for the State, as well as Sri Chandra Shekhar Sinha, the learned counsel for the opposite party no. 2. 2. By means of the instant application, the applicant has challenged the validity of the judgment and order dated 18.03.2024 passed by the learned Special Judge, CBI, Court No. 2, Lucknow allowing the Criminal Revision No.522 of 2023 which was filed by the prosecution against an order dated 25.07.2023 passed by the learned Additional Chief Judicial Magistrate-III, Lucknow in Case No.242 of 2021, arising out of Case Crime No.80 of 2020 lodged at Police Station Sushant Golf City, District Lucknow, rejecting the order dated 25.07.2023 passed on an application under Section 319 CrPC filed by the State for summoning the applicant to face trial. 3. The learned counsel for the opposite party no. 2 has raised a preliminary objection to challenge the impugned order as by the impugned order the trial Court has remanded the matter for being decided afresh. As the trial Court has yet to decide the application under Section 319 CrPC and the applicant has not yet been summoned to face trial, no cause accrues to be raised at this stage. 4. Replying the aforesaid objection, the learned counsel for the applicant has submitted that the revisional Court has made certain observations in the impugned order which will prejudice the rights of the applicant. 5. When the applicant has not been summoned till date, she has no locus standi to challenge the impugned order. Moreover, a mere order remanding the matter to the trial Court for being decided afresh does not cause any such prejudice to the rights of the parties, warranting exercise of inherent power by this Court. 6. Accordingly, the instant application is dismissed. In case, the applicant is aggrieved against any order passed in future on the application under Section 319 CrPC, she will be at liberty to assail the same, in accordance with law. Order Date :- 15.7.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench