Alim And 2 Others vs State Of Up And Another
2018 Latest Caselaw 1708 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 15
 

 
Case :- APPLICATION U/S 482 No. - 24747 of 2018
 

 
Applicant :- Alim And 2 Others
 
Opposite Party :- State Of Up And Another
 
Counsel for Applicant :- Sumit Goyal
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Dinesh Kumar Singh-I,J.

Sri Vikas Sharma has filed vakalatnama on behalf of opposite party no. 2 which is taken on record.

Heard Sri Sumit Goyal, learned counsel for the applicants, Sri Vikas Sharma, learned counsel for the opposite party no.2, Sri Prashank Kumar, learned A.G.A. appearing for the State and perused the record.

This application under Section 482 Cr.P.C has been filed against the judgment and order dated 11.06.2018 passed by Additional District Judge, Court No.3, District Saharanpur in Criminal Revision No.261 of 2017 (Smt. Alka vs. Alim and others) which was preferred against the judgement and order dated 31.5.2017 passed by A.C.J.M (S.D.), Saharanpur in Complaint Case No.278 of 2015 whereby the complaint of the revisionist-applicant was dismissed by the impugned order. The revision has been allowed and the order of the A.C.J.M. (S.D.), Saharanpur dated 31.5.2017 was set aside and the matter was remanded back to the court below with a direction that it shall pass a fresh order in accordance with law in consonance with the view expressed by the revisional court in the body of the judgment.

Learned counsel for the applicant has stated that the impugned order dated 11.6.2018 has been passed by the Additional District Judge in Criminal Revision No.261 of 2017 (Smt. Alka vs. Alim and others) without giving opportunity of hearing the applicants.

Learned counsel for the opposite party no. 2 has drawn the attention of the Court towards page-4 of the said judgment in which it is mentioned that the argument was made from the side of the accused persons/opposite party nos. 2 to 4 and stated that this indicates that opportunity was given but he could not convince the Court as to whether the service of notice was sufficient upon the opposite party nos. 2 to 4 in the said revision.

Learned A.G.A. is directed to file short counter affidavit to the effect as to whether service of notice on opposite party nos. 2 to 4 was held to be sufficient by the court below or not by the next date.

List this case on 17.8.2018 before appropriate bench.

Let a copy of this order be given to learned A.G.A.

Order Date :- 25.7.2018

AU