Shree Ganapati Buildtech ... vs State Of U.P. And 2 Others
2021 Latest Caselaw 7862 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 75
 

 
Case :- APPLICATION U/S 482 No. - 5607 of 2021
 

 
Applicant :- Shree Ganapati Buildtech Pvt.Ltd. Sasni
 
Opposite Party :- State Of U.P. And 2 Others
 
Counsel for Applicant :- Shiv Kumar Singh
 
Counsel for Opposite Party :- G.A.,Vishal Khandelwal
 

 
Hon'ble Vivek Agarwal,J.

Heard Sri S.K. Singh, learned counsel for petitioner, Sri Vikas Goswami, learned counsel for State and Sri H.N. Singh, learned Senior Counsel assisted by Sri Vishal Khandelwal, learned counsel for respondent no.3.

This petition has been filed challenging the order dated 10.7.2020 passed in Criminal Revision No.157 of 2017 (Smt. Sunita Kalra Vs. State of U.P. and others) by the court of Additional Sessions Judge, Court No.1, Hathras praying for keeping it in abeyance inasmuch as learned Additional Sessions Judge has remanded the matter to the trial court where Criminal Case No.888 of 2017 (Ganapati Builtech Vs. Sunita Kalra and others) is pending under Sections 193, 196, 420 and 120B I.P.C., P.S. Hathras Gate, Hathras.

Learned counsel for petitioner submits that learned revisional court has not considered the ambit of the provisions contained in Section 195(1)(b)(i) of Cr.P.C. and has though remanded the matter, but has directed the court below to be bound by the observations made by the learned Additional Sessions Judge.

Sri H.N. Singh, learned Senior Counsel in his turn submits that it is the material to be appreciated by the trial court as to whether document alleged to be forged or fabricated was produced during the court proceedings before the court of competent jurisdiction or its cognizance has been taken without it being produced before the court in any of the proceeding pending before the court or undertaken before the court.

At this stage, learned counsel for petitioner submits that he will be satisfied if this petition is disposed of with a direction that the court concerned where the matter has been remanded by learned Additional Sessions Judge shall take into consideration besides the revisional order the legal provisions as contained in Cr.P.C. and also the judgments laying down correct legal position either by Hon'ble Supreme Court or by this High Court.

Sri Singh has no objection to such prayer that learned court below be directed to consider the judgments produced by the rival parties so also to take into consideration legal provisions as are contained in relevant statutes.

In above terms, this petition is disposed of.

It is directed that trial court shall decide issue of cognizance after hearing learned counsel for the parties and taking into consideration the existing legal position in regard to the relevant legal provision.

This Court has not expressed any opinion on the merits of the case.

Order Date :- 13.7.2021

Anil K. Sharma