Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 150645 (ALL)

SUMIT KUMAR AND 5 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/5575/2025 · 2025-07-16

Rajnish Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Court No. - 12 Case :- APPLICATION U/S 482 No. - 5575 of 2025 Applicant :- Sumit Kumar And 5 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Mahendra Pratap Singh,Ranjit Singh Counsel for Opposite Party :- G.A. Hon'ble Rajnish Kumar,J. 1. On an objection raised by the learned Additional Government Advocate (AGA) that the applicant has a remedy of revision against the impugned summoning order, learned counsel for the applicant could not dispute the same. However, he submits that the civil dispute is being tried to be converted into a criminal case, whereas the agreement to sale made in favour of the applicant nos.1 to 4, in which applicant nos.5 and 6 were marginal witnesses, was cancelled by the executor, Mr. Sushil Kumar, who had executed the agreement to sale without being the tenure holder of the land in dispute and thereafter he had executed the agreement to sale in favour of other persons on the same date, against whom respondent no.2 had made application to the Superintendent of Police and pursued the matter thereafter, but in the complaint got the applicants also summoned and the case is fixed today. It can be seen in the statutory remedy of revision, if availed by the applicant. 2. In view of above, the application is dismissed on the ground of availability of alternative and statutory remedy of revision, which may be availed by the applicant. 3. At this stage, learned counsel for the applicant submits that the applicants will file the revision within three days before the revisional court alongwith an application for interim relief, which may be directed to be considered at an early date. To which there is no objection by learned AGA. 4. In view of above, in case the revision is filed by the applicant alongwith an application for interim relief within a period of three days from today, the application for interim relief shall be considered expeditiously by the concerned court in accordance with law. 5. Certified/authenticated copy of this order shall be issued by the office to learned counsel for the parties on payment of usual charges today. ...................................................................(Rajnish Kumar, J.) Order Date :- 16.7.2025 Haseen U. Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench