Citation : 2022 Latest Caselaw 1834 ALL
Judgement Date : 29 April, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 67 Case :- CRIMINAL REVISION No. - 1346 of 2021 Revisionist :- Gurpal Singh Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Jaswant Rai,Babul Kumar Sharma,Jitendra Upadhyay Counsel for Opposite Party :- G.A.,Syed Mushfiq Ali Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the revisionist, learned counsel for the opposite party no.2 as well as learned A.G.A.
By means of the present revision, the revisionist is assailing the legality and validity of the order dated 06.02.2022 passed by Additional Sessions Judge, Court No.1, Jhansi in Criminal Revision No.97 of 2019 arising out of Criminal Complaint Case No.1478 of 2016 under section 138 N.I. Act, Police Station-Kotwali, District-Jhansi. While passing the order impugned, learned Sessions Judge has quashed the order dated 20.04.2019 and has directed the court below to pass the order again after hearing both the parties by a well reasoned order in the light of the judgments and settled law norms in this regard.
After perusing the order impugned, I do not find any illegality or perversity in this remand order as it did not adjudicate the rights of the parties inter se.
Since, the matter has only been remanded back, it is expected from the learned trial Court to decide the matter afresh on the above mentioned parameters after hearing both the parties and re-visit the entire material on record and thereafter applying his robust judicial mind to dispose of the application within specific time frame.
It is expected from the learned trial Court to perform this exercise latest by 30.06.2022.
With this aforesaid observations, the present revision stands disposed of.
Interim order, granted earlier, stands vacated.
Order Date :- 29.4.2022
Sumit S
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