Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 20559 (ALL)

ASHOK KUMAR v. STATE OF U.P. AND ANOTHER

A227/1672/2025 · 2025-05-18

Nand Prabha Shukla

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:83574 Court No. - 81 Case :- MATTERS UNDER ARTICLE 227 No. - 1672 of 2025 Petitioner :- Ashok Kumar Respondent :- State of U.P. and Another Counsel for Petitioner :- Krishna Kant Dubey,Santosh Kumar Dubey Counsel for Respondent :- G.A.,Manu Ghildyal,Ravi Prakash Pandey Hon'ble Ms. Nand Prabha Shukla,J. This is a revised call. Learned counsel for the petitioner and learned AGA for the State are present but no one has appeared on behalf of the respondent no. 2, Ghaziabad Development Authority. The present petition Under Article 227 of the Constitution of India has been filed with the following relief:- "a. Issue a order or direction under supervisory jurisdiction of this Hon'ble Court setting aside the impugned order dated 03.06.2024 passed by Additional District and Session Judge Court No. 03, Ghaziabad in Criminal Revision No. 800 of 2023 (Ashok Kumar Vs. Ghaziabad Development Authority and another) whereby the learned Revisional Court did not affirmed the order dated 04.04.2024 passed by learned Chief Judicial Magistrate Ghaziabad in Complaint Case No. 16495 of 2019 (G.D.A. Vs. Ashok Kumar) under section 26 U.P. Act, P.S. Muradnagar, District Ghaziabad (Annexure No. 7) to this petition. b Issue any other suitable petition or direction as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case. c. To award the cost of the petition in favour of the petitioner." It has been submitted by the learned counsel for the petitioner that the respondent no. 2 had lodged a complaint against the petitioner wherein the petitioner was summoned vide order dated 30.04.2019 by the Chief Judicial Magistrate, Ghaziabad to face the trial. In the meantime, the complainant moved an application u/s 257 Cr.P.C. stating that due to clerical error the name of the petitioner has been wrongly mentioned in the complaint therefore he does not want to press the complaint. As the complaint was not pressed, accordingly vide order dated 04.04.2024 the learned C.J.M., Ghaziabad had dismissed the complaint and the petition was consigned to records. The main submission of the counsel for the petitioner is that despite the complaint been dismissed, the revision filed by the petitioner prior in time had been dismissed and the order dated 30.04.2019 summoning the petitioner has been affirmed. Considering the aforesaid facts and circumstances the order dated 31.06.2024 passed by the revisional court is hereby set aside and it is directed to the trial court concerned to reconsider the order passed by the Chief Judicial Magistrate, Ghaziabad dated 04.04.2024 under the application u/s 257 of Cr.P.C. and pass a fresh order. With the aforesaid directions, the petition is disposed of. Order Date :- 19.5.2025 Nisha Digitally signed by :- nisha kumari High Court of Judicature at Allahabad Digitally signed by :- nisha kumari High Court of Judicature at Allahabad