VAIBHAV SINGH (ADVOCATE) AND ANOTHER v. STATE OF U.P. AND 2 OTHERS
CRLR/3513/2024 · 2025-05-18
Kshitij Shailendra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 54452 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 54452 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:83711 Court No. - 85 Case :- CRIMINAL REVISION No. - 3513 of 2024 Revisionist :- Vaibhav Singh (Advocate) And Another Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Sateesh Kumar Chaubey,Vaibhav Singh Counsel for Opposite Party :- G.A.,Pramod Kumar Singh Hon'ble Kshitij Shailendra,J.
1. Case called out. None present for the applicants to press the revision.
2. Learned counsel for the opposite party nos. 2 and 3 is present and has drawn attention of the Court towards order dated 03.12.2024, wherein preliminary objection raised by him as regards maintainability of the revision was noted by the Court and time was granted to the applicants in revision to address the Court on maintainability.
3. Though various submissions have been made as regards merits of the case also to the effect that initially application under Section 340 CrPC was moved by the applicants who were convicted under Section 138 of the N.I. Act against one Dhanveer Mishra, who has died, the application was rejected against which order an appeal was filed in which, for the first time, the opposite party nos. 2 and 3 were impleaded as respondents and the appeal has also been dismissed, the Court, at this stage, is not considering the merits of the case and proceeds to consider the objection as regards maintainability of the revision which has not been answered by the applicant side so far.
4. Attention of the Court has been drawn towards Section 341 (2) CrPC which provides that an order passed under the said section (i.e. the provision of appeal) and subject to any such order, an
order under Section 340 shall be final and shall not be subject to revision.
5. It, therefore, follows that in case against an order deciding an application under Section 340 CrPC, the statutory appeal under Section 341(1) has been decided either way, a revision would not lie and shall be barred under sub-section (2) of Section 341 CrPC. Consequently, the instant revision is not maintainable and is, accordingly, dismissed.
Order Date :- 19.5.2025 AKShukla/- Digitally signed by :- ANIL KUMAR SHUKLA High Court of Judicature at Allahabad