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2025 DAILYLAW 189374 (ALL)

SHEELA AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

CRLR/5920/2024 · 2025-09-23

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 5920 of 2024 Court No. - 93 HON'BLE HARVIR SINGH, J. 1. Heard learned counsel for the parties. 2. The present revision has been filed against the order dated 07.10.2024 passed by learned Special Judge SC/ST Act, Mau in Sessions Case No.0037 of 2019 ( State of U.P. Vs. Ravindra @ Ravindra Singh), whereby the revisionists have been summoned to face trial under Sections 419, 420, 406 I.P.C. pursuant to the application moved by the opp. party no. 2 under Section 319 Cr.P.C. 3. Learned counsel for the revisionists submits that, so far as Sections 406 and 420 I.P.C. are concerned, the prospective accused cannot be summoned in respect of the two aforesaid sections at the same time and she further relied upon the judmgent of Apex Court in Delhi Race Club (1940) Ltd. vs. The State of Uttar Pradesh & Anr., 2024 SCC OnLine SC 2248, wherein it has been held by Hon'ble Supreme Court that offence under Section 420 and 406 I.P.C. cannot run simultaneously. 4. In view of the above, without going into the merits of the case, the order dated 07.10.2024 passed by learned Special Judge SC/ST Act, Mau in Sessions Case No.0037 of 2019 ( State of U.P. Vs. Ravindra @ Ravindra Singh) is hereby quashed and the Versus Counsel for Revisionist(s) : Anjali, Pramod Kumar Singh Counsel for Opposite Party(s) : Anil Kumar, Birendra Kumar Gautam, G.A. Sheela And 3 Others .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) learned Special Judge concerned is directed to pass afresh order taking into consideration the law on the subject, whether sections 406 and 420 are applicable simultaneously or otherwise. 5. The revision is thus, allowed to that extent. September 24, 2025 Gss CRLR No. 5920 of 2024 2 (Harvir Singh,J.) Digitally signed by :- GIRAJA SHANKER SHARMA High Court of Judicature at Allahabad