Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:129156
1. Court No. - 64 Case :- CRIMINAL REVISION No. - 350 of 2000 Revisionist :- Raghuvar Dayal Opposite Party :- State of U.P. and Others Counsel for Revisionist :- N.K. Sharma,Jagdish Singh Sengar Counsel for Opposite Party :- A.G.A,Sanjay Kr. Singh With
2. Case :- APPLICATION U/S 482 No. - 863 of 2000 Applicant :- Raghuver Dayal Gupta Opposite Party :- State of U.P. Counsel for Applicant :- N.K. Sharma Counsel for Opposite Party :- A.Ga.,S.K. Singh Hon'ble Samit Gopal,J.
1. These two matters are connected together vide order dated 29.2.2000 passed by other Bench of this Court and hence the same are being taken together.
Order on Criminal Revision No. 350 of 2000
1. List revised.
2. No one appears on behalf of the revisionist to press this revision even in the revised list despite the fact that there are two learned counsels appearing in the matter. Sri Sanjay Kr. Singh, learned counsel for the opposite party no. 2 to 9 is also not present even in the revised list.
3. Sri Ajay Singh, learned A.G.A.-I for the State of U.P./opposite party no. 1 is present.
4. On 14.03.2024 time had been sought by learned Brief Holder of Sri N.K. Sharma, learned counsel for the revisionist for adjournment on the ground of eye surgery, which was allowed and the matter was directed to be listed peremptorily. The said order reads as under:-
"1. List revised.
2. Sri Anjani Kumar Dubey, Advocate holding brief of Sri N.K. Sharma,
learned counsel for the revisionist and Sri Shashikant Pandey, learned
counsel for the State are present.
3. Learned counsel for the revisionist submits that Sri N.K. Sharma has got his eye operated and as such the matter be adjourned for two weeks.
4. Prayer is allowed.
5. Let the matter be listed on 03rd April, 2024 peremptorily."
5. Today even in the revised list there is no representation from the side of the revisionist to press this revision. The matter thus is being decided with the assistance of learned A.G.A. and on perusal of the records.
6. The present criminal revision under Sections 397/401 Cr.P.C. has been filed by the revisionist with the following prayers:-
"It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to admit and allow the revision, set aside the impugned order under revision and direct registration and investigation of case complained of in the application under Section 156(3) Cr.P.C. by the police and/or pass such other and further orders which this Hon'ble Court may deem fit and proper under the circumstances of the case."
7. The facts of the case are that an application under Section 156(3) Cr.P.C. was moved by the revisionist before the court concerned with the prayer to direct lodging of an F.I.R. against the opposite party nos. 2 to 9 for offences under Sections 323, 504, 506, 387 I.P.C. The said application was dismissed vide order dated 27.1.2000 passed by Special Judge(D.A.A.), Jalaun at Orai. Against the said
order the present revision has been filed before this Court.
8. This Court has perused the records and the impugned orders herein. A counter affidavit has been filed on behalf of the opposite party nos. 2 to 9 which is on record. The Court has perused the same also.
9. There is no illegality, impropriety and incorrectness in the same. The order impugned is a specific order without any irregularity. No ground for interference in the same is made out.
10. Accordingly, the present revision is dismissed.
11. Pending application(s), if any, shall stand disposed of.
Order on Application U/S 482 No.863 of 2000
1. List revised.
2. No one appears on behalf of the applicant to press this application u/s 482
Cr.P.C. even in the revised. Sri Sanjay Kr. Singh, learned counsel who has filed impleadment application on behalf of proposed opposite party no. 2 to 9 is also not present even in the revised list.
3. Sri Ajay Singh, learned A.G.A.-I for the State of U.P./opposite party is present.
4. On 14.03.2024 time had been sought by learned Brief Holder of Sri N.K. Sharma, learned counsel for the applicant for adjournment on the ground of eye surgery, which was allowed and the matter was directed to be listed peremptorily. The said order reads as under:-
"1. List revised.
2. Sri Anjani Kumar Dubey, Advocate holding brief of Sri N.K. Sharma,
learned counsel for the revisionist and Sri Shashikant Pandey, learned counsel for the State are present.
3. Learned counsel for the revisionist submits that Sri N.K. Sharma has got his eye operated and as such the matter be adjourned for two weeks.
4. Prayer is allowed.
5. Let the matter be listed on 03rd April, 2024 peremptorily."
5. Today even in the revised list there is no representation from the side of the applicant to press this application u/s 482 Cr.P.C. The matter thus is being decided with the assistance of learned A.G.A. and on perusal of the records.
6. The present application u/s 482 Cr.P.C. has been filed by the applicant with the following prayers:-
"It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to admit and allow the petition and quash the impugned order dated 27.1.2000 passed by Special Judge (D.A.A.), Jalaun on the application of Raghuwar Dayal Gupta vs. Neeraj Prasad and others, under Section 156(3) Cr.P.C. and direct the Court below to pass orders in accordance with law directing registration and investigation of the case and/or pass such other and further orders which this Hon'ble Court may deem fit and proper under the circumstances of the case. It is further prayed that in the meantime the operation of the order dated 27.1.2000 passed by Special Judge, Jalaun on the application under Section 156(3) Cr.P.C. may remain stayed and the Court below be
directed to pass orders for registration of case as also its investigation in accordance with law."
7. Since the connected revision being Criminal Revision No.350 of 2000 (Raghuvar
Dayal vs. State of U.P. and others) has also been filed by the revisionist with the same prayers which has been dismissed vide order of even date, the present application u/s 482 Cr.P.C. also stands dismissed.
8. Pending application(s), if any, shall stand disposed of. (Samit Gopal,J.)
Order Date :- 1.8.2025 Naresh Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad