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2025 DAILYLAW 3550 (ALL)

UPENDRA KUMAR GUPTA v. STATE OF U.P. AND ANOTHER

A227/76/2025 · 2025-02-18

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:23975 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 76 of 2025 Petitioner :- Upendra Kumar Gupta Respondent :- State of U.P. and Another Counsel for Petitioner :- A.K. Mishra,Sati Shanker Tripathi Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. The present petition has been preferred with the following relief:- "(i) to issue an order or direction under Article 227 of the Constitution of India and set-aside the impugned Revisional Order dated 28.10.2024 passed by Sessions Judge, Mathura in Criminal Revision No. 504/2023 (Upendra Kumar Gupta Vs. State of U.P. and another) and the summoning order dated 13.07.2023 passed by Presiding Officer, Addl. Court, Mathura in Complaint Case No. 13207/2021 (Manish Goel, Advocate Vs. Upendra Kumar) U/s 138 N.I. Act, P.S. Kotwali, District Mathura (Annexure No. 1 and 1A) AND the entire proceedings of above complaint case." 3. Learned counsel for the petitioner pressed all the grounds whatsoever has been taken through the instant petition through which, it has been apprised that there is hardly any attraction of sections in which the petitioner has been summoned and all these grounds have not been taken into consideration while passing the order dated 13.07.2023. Being aggrieved with order dated 13.07.2023, petitioner preferred revision which was also rejected vide order dated 28.10.2024 which has been challenged through the instant petition. 4. Learned counsel for the petitioner submitted that both the impugned orders i.e., order dated 13.07.2023 and revisional court order dated 28.10.2024 are wholly illegal, unjust, improper and have been passed without properly considering the facts and circumstances of the case as well as without considering the materials available on record. It is also submitted that the order impugned has been passed in mechanical and routine manner which does not manifest the application of judicious mind to the facts of the case. 5. Per contra, learned A.G.A. for the State vehemently opposed the prayer as made in the petition and submitted that after considering the material on record, learned concerned court passed the impugned orders and as such, there is no illegality in the same. 6. After perusal of order dated 13.07.2023 passed by Presiding Officer, Additional Court, Mathura as well as the order dated 28.10.2024 passed by Sessions Judge, Mathura, I find that the same does not suffer from any illegality, infirmity or jurisdictional error, so as to call for interference by this Court. 7. In view of the aforesaid facts and circumstances, the petition lacks merit and is hereby dismissed 8. However, the petitioner will be at liberty to raise all objections whatsoever available at law and the same shall be consider by the learned concerned court. Order Date :- 19.2.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad