Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 46813 (ALL)

HARI OM SHARMA v. HAR NARAYAN YADAV

A227/4275/2025 · 2025-04-28

Vinod Diwakar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:66342 Court No. - 76 Case :- MATTERS UNDER ARTICLE 227 No. - 4275 of 2025 Petitioner :- Hari Om Sharma Respondent :- Har Narayan Yadav Counsel for Petitioner :- Ranjeet Kumar Mishra Counsel for Respondent :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the petitioner, learned AGA for the State, and perused the perused the record. 2. The present writ petition under Article 227 of the Constitution of India has been filed seeking quashing of the judgment and order dated 07.03.2025 passed by the learned Additional Sessions Judge, Court No.11, Etawah in Criminal Revision No. 152 of 2024. The said revision arose out of Complaint Case No. 1358 of 2019, titled Har Narayan v. Hari Om Sharma and Others, under Sections 406, 420, 504, and 506 IPC, Police Station Kotwali, District Etawah. 3. The brief facts of the case are that the complainant/respondent alleged that the petitioner had borrowed a sum of Rs.6,00,000/- from him and failed to return the same despite repeated demands. Based on these allegations, a complaint was filed, which came to be dismissed by the learned Magistrate on 25.06.2024 due to non-appearance of the complainant. 4. Aggrieved by the dismissal, the complainant preferred a criminal revision before the learned Sessions Judge. After hearing the parties, the revisional court allowed the revision vide order dated 07.03.2025, set aside the dismissal order dated 25.06.2024, and remanded the matter to the learned Magistrate for adjudication on merits. In compliance therewith, the complaint was restored to its original number. 5. Learned counsel for the petitioner submits that the complaint is based on false and frivolous allegations and amounts to an abuse of the process of law. He further contends that the revisional court erred in remanding the matter without considering the merits and that both courts below have erred in proceeding further with the complaint. 6. Upon consideration of the submissions advanced and on perusal of the impugned order, it is evident that the revisional court exercised its jurisdiction in setting aside the dismissal order, which was passed not on merits, but for want of prosecution. The remand of the case for adjudication on merits does not suffer from any jurisdictional infirmity or perversity so as to warrant interference under the supervisory jurisdiction of this Court. 7. It is a well-settled principle that the jurisdiction under Article 227 of the Constitution is to be exercised sparingly and only in cases of manifest procedural irregularity or gross miscarriage of justice. No such circumstance is made out in the present case. 8. Accordingly, this Court finds no ground for interference under Article 227 of the Constitution. However, it is observed that the petitioner shall be at liberty to raise all legal and factual contentions available to him before the trial court at the appropriate stage, in accordance with law. 9. The writ petition stands dismissed with the aforesaid observation. Order Date :- 29.4.2025/Sanjeet Vinod Diwakar, J. Digitally signed by :- SANJEET KUMAR YADAV High Court of Judicature at Allahabad Digitally signed by :- SANJEET KUMAR YADAV High Court of Judicature at Allahabad Digitally signed by :- SANJEET KUMAR YADAV High Court of Judicature at Allahabad