Allahabad High Court
Balak Ram Gupta vs State Of U.P.And Another on 4 July, 2012
Bench: Ajai Lamba
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 26
Case :- U/S 482/378/407 No. - 1418 of 2003
Petitioner :- Balak Ram Gupta
Respondent :- State Of U.P.And Another
Petitioner Counsel :- Mukul Rakesh,A.K.Gupta
Respondent Counsel :- Govt.Advocate
Hon'ble Ajai Lamba,J.
This petition has been filed under Section 482 of the Code of Criminal Procedure (for short 'Cr.P.C.') in challenge to order dated 23.7.2003 passed by the Incharge, Sessions Judge, Hardoi, in revisional jurisdiction arising out of order dated 07.7.2003 passed by the Additional Chief Judicial Magistrate I, Hardoi.
Facts, in brief, are that the petitioner moved an application under Section 156(3) Cr.P.C. arraying five persons as accused including respondent no.2. The application was allowed by Additional Chief Judicial Magistrate I, Hardoi vide order dated 16.8.2002 and resultantly Case Crime No.C-5/02 was registered in Police Station Kotwali City, Hardoi against respondent no.2 and others.
Respondent no.2 also filed an application under Section 156(3) Cr.P.C. against the petitioner and his family members. This application was dismissed vide order dated 07.8.2002 passed by Additional Chief Judicial Magistrate I, Hardoi.
Respondent no.2 moved another application to the same effect on 19.8.2002 in the Court of Chief Judicial Magistrate, Hardoi. It appears that the respondent no.2 insisted that the matter be referred to the Additional Chief Judicial Magistrate I, Hardoi, who had earlier dealt with the issue. A perusal of Annexure-2 indicates that the Chief Judicial Magistrate while fixing the date as 09 July, 2003, transferred the matter to the Additional Chief Judicial Magistrate I, Hardoi.
It has been pleaded in the petition that although the case was scheduled to be heard on 09.7.2003, however, on 07.7.2003 itself the Additional Chief Judicial Magistrate I, Hardoi passed the order against the petitioner and others. The petitioner carried a revision before the Court of Sessions, which has been dismissed vide impugned order dated 23.7.2003.
A questionnaire has been placed on record, according to which the file was received in the court of Additional Chief Judicial Magistrate I, Hardoi only on 09th of July, 2003. In the face of such circumstance, it has been pleaded in the petition that the order could not have been passed on 07.7.2003.
The revisional court after referring to the original record has recorded that perusal of ordersheet does not show any endorsement that the file was received on 09th July, 2003 and, therefore, the questionnaire and its contents have been ignored. It has also been held that the Additional Chief Judicial Magistrate I, Hardoi had the jurisdiction to deal with the matter.
Having considered the facts and circumstances of the case, collectively, this court is of the opinion that the case having been fixed to be heard on 09.7.2003 by the Chief Judicial Magistrtate, Hardoi, vide order dated 07 July, 2003, it could not have been dealt by the Additional Chief Judicial Magistrate I, Hardoi, on the same day i.e. 07.7.2003. Order dated 07 July, 2003 passed by Chief Judicial Magistrate clearly indicates that the case is transferred to Additional Chief Judicial Magistrate I, Hardoi and be heard on 09.7.2003. In such circumstances, in the opinion of this court, order could not have been passed by the Additional Chief Judicial Magistrate I, Hardoi on 07.7.2003.
Considering the facts and circumstances of the case, this petition is allowed.
Order dated 07.7.2003 passed by the Additional Chief Judicial Magistrate I, Hardoi is hereby quashed. Order passed by the Sessions Judge, Hardoi in revisional jurisdiction dated 23.7.2003 is also quashed.
In view of peculiar facts and circumstances of the case, the matter is referred to Sessions Judge, Hardoi for re-appreciation of all the facts and circumstances in reference to record for proper administration of justice and, thereafter, pass appropriate orders, as warranted by law.
Order Date :- 4.7.2012
A.Nigam
