PREM SHANKER VARSHNEYA v. STATE OF U.P. AND ANOTHER
CRLR/2611/2013 · 2025-03-03
Samit Gopal
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 43152 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 43152 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:30639 Court No. - 78 Case :- CRIMINAL REVISION No. - 2611 of 2013 Revisionist :- Prem Shanker Varshneya Opposite Party :- State of U.P. and Another Counsel for Revisionist :- R.P.S. Chauhan,R.P.S.Chauhan,Veer Shreya,Vikram D. Chauhan Counsel for Opposite Party :- Sanjeev Kumar Gupta,Sanjive Kumar Gupta With Case :- CRIMINAL REVISION No. - 3637 of 2013 Revisionist :- Alok Kumar Gupta Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Sanjive Kumar Gupta Counsel for Opposite Party :- Govt.Advocate Hon'ble Samit Gopal,J.
1. Matter taken up in the revised list. 2. No one appears on behalf of the revisionist to press this revision. Sri R.P. Shukla, learned A.G.A for the State is present. Sri Sanjeev Kumar Gupta and Sri Sanjive Kumar Gupta, learned counsels for the opposite party no.2 are not present even when the matter has been taken up in the revised list. 3. The present revision has been preferred by the revisionist with the prayer to set-aside the judgment and order dated 13.9.2013 passed by Addl. Sessions Judge, Court Room No.2, Badaun in Criminal Appeal No.67 of 2013 (Prem Shanker Varshneya Vs State of U.P. and another) as well as judgement and order dated 29.1.2013 passed by A.C.J.M. Court No.2 Badaun in Complaint Case No.2516 of 2009 (Alok Kumar Gupta Vs. Prem Shanker Varshneya) u/s 138 N.I. Act, P.S. Dataganj, District Badaun and further with the prayer to stay the effect and operation of the aforesaid judgement and orders passed in the aforesaid case. 4. Vide order dated 14.3.2024, notice was issued to the revisionist to engage another counsel. As per office report dated 24.4.2024, a report of CJM, Rampur has been received stating therein that the revisionist has died on 3.2.2017. The said report has been sent after due inquiry. 5. This Court has perused the said report which states that the accused-revisionist has died. 6. In view of the above, this revision being 2611 of 2013 stands abated. 7. The perusal of the records of the connected revision being
Criminal Revision No.3637 of 2013 (Alok Kumar Gupta Vs. State of U.P. and another), it is apparent that the revisionist in the present revision Prem Shanker Varshneya is the respondent no.2 therein. The said revision has been filed with the prayer to set- aside the order for probation passed by Addl.
Sessions Judge, Court No.2, Budaun in Criminal Appeal No.67 of 2013 (Prem Shankar Varshney Vs. State of U.P. and another) u/s 138 N.I. Act, P.S. Dataganj, District Budaun. 8. The connected revision being Criminal Revision No.3637 of 2013 (Alok Kumar Gupta Vs. State of U.P. and another) is also consigned to records. 9. The trial court records be sent back along with the communication of this order. Office to communicate this order to the District and Sessions Judge, concerned within two weeks from today. (Samit Gopal, J.) Order Date :- 4.3.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad