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2025 DAILYLAW 188665 (ALL)

VAJIR ALI v. STATE OF U.P. THRU. PRIN. SECY. HOME AND 8 OTHERS

/10411/2025 · 2025-12-09

Brij Raj Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 10411 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. 1. Heard Shri Ram Prasad Dwivedi, learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. In view of order proposed to be passed, notice to the opposite party no.2 is dispensed with. 3. The present application under Section 482 Cr.P.C. has been filed seeking quashing of impugned judgment and order dated 12.11.2025 passed by Sessions Judge, Sravasti in Criminal Revision No. 47 of 2025 as well as impugned order dated 08.05.2024 passed by Civil Judge (Senior Division)/F.T.C./Additional Chief Judicial Magistrate, Sravasti in Misc. Case no. 167 of 2022, arising out of Case Crime No. 103 of 2022, under Sections 504, 506, 452, 419, 420, 467, 468, 471 IPC, Police Station - Ikauna, District - Sravasti. 4. Learned counsel for the applicant submits that the applicant is aggrieved by the final order dated 08.05.2024 passed in Misc. Case No. 167 of 2022 by Civil Judge (Senior Division)/F.T.C./Additional Chief Judicial Magistrate, Sravasti on the ground that by the said order, the final report has been accepted. The applicant, thereafter, filed the revision and the revisional Court has also rejected the revision vide impugned judgment and order dated 12.11.2025. The applicant, being a complainant, has right to protest but the same has not been done and no opportunity of hearing was given by the trial Court. Versus Counsel for Applicant(s) : Ram Prasad Dwivedi Counsel for Opposite Party(s) : G.A. Vajir Ali .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home And 8 Others .....Opposite Party(s) 5. He further submits that though the revisional Court has mentioned that notice has been served but in fact, the notice was never served to the applicant. 6. However, on being asked, whether he has moved any application of protest against the order dated 08.05.2024, then the learned counsel for the applicant has fairly accepted that he has not moved any such application making protest. 7. In view of aforesaid fact, it is clear that the the applicant has not moved any such application against the order accepting the final report dated 08.05.2024. 8. Learned counsel for the applicant prays that he may be permitted to move an application against the impugned order dated 08.05.2024. 8. Prayer is innocuous, therefore, I direct the applicant to move an application before the Civil Judge (Senior Division)/F.T.C./Additional Chief Judicial Magistrate, Sravasti against accepting the final report dated 08.05.2024, in accordance with law. If the application is preferred, the same will be decided by the trial Court, after affording opportunity of hearing to the aggrieved parties, in accordance with law. 9. The application stands disposed of. December 9, 2025 Mohit Singh/- A482 No. 10411 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench