Subodh Kumar Saigal vs State Of U.P. And Another
2022 Latest Caselaw 5703 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 

 
Case :- APPLICATION U/S 482 No. - 18537 of 2022
 

 
Applicant :- Subodh Kumar Saigal
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Dhananjai Rai,Vibhu Rai
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Ashwani Kumar Mishra,J.

Supplementary affidavit filed today is taken on record.

Impleadment is allowed. The applicant is permitted to carry out the impleadment during the course of the day.

Chief Judicial Magistrate vide order dated 23.8.2021 allowed the application of the applicant filed under Section 156 (3) Cr.P.C. and directed the lodgement of the FIR. This order was given effect to and a first information report being registered as Case Crime No. 544 of 2021 under Sections 406, 420, 467, 468, 471, 379 and 506 IPC, P.S. Banna Devi District Aligarh was also registered. The Opp. Party challenged this order before this Court by filing Criminal Misc. Writ Petition No. 8753 of 2021 which came to be dismissed by this Court on 11.11.2021. It is alleged that the opposite party applied for anticipatory bail which has been declined by the court below on 6.12.2021. The anticipatory bail was also rejected by this Court on 12.5.2022 in Criminal Misc. Anticipatory Bail Application No. 3356 of 2022.

It is urged that despite the order of registration of FIR and rejection of anticipatory bail the investigation did not proceed and, therefore, Criminal Misc. Writ Petition No. 4765 of 2022 had to be filed before this Hon'ble Court in which a direction was issued to conclude the investigation in a fair manner, expeditiously, preferably within a period of 4 months.

It is alleged that by suppressing and concealing all these fact, belated revision has been filed alongwith an application for condonation of delay. It is submitted that the revision was filed on 16.5.2022 and on 27.5.2022, the matter was fixed for being heard on 2.6.2022, however, the order passed on the order-sheet fixing the matter for 2.6.2022 has been scored off. Thereafter the Sessions Judge, Aligarh by preponing the proceedings has not only condoned the delay on 27.5.2022 and on the very third day, admitted the revision and also summoned the lower court record. Submission is that in undue hot haste the delay has been condoned and th revision has been admitted notwithstanding the fact that law is otherwise settled that such a revision is not maintainable in view of the Full Bench judgment of this Court in Father Thomas Vs. State of U.P. and others, reported in 2011 (2) ACR 1457. The proceedings are assailed on the ground that it suffers from malice in law apparent on face of record.

Matter requires consideration.

Notice on behalf of respondent no.1 has been accepted by learned A.G.A.

Issue notice to Opp. Party no.2. Steps be taken within two weeks by registered/speed post.

Opp. Parties may file counter affidavit within six weeks. Rejoinder affidavit may also be filed within two weeks, thereafter.

List thereafter.

Till the next date of listing, effect and operation of the order dated 27.5.2022 passed in Criminal Misc. Case No. 214 of 2022 as well as the order dated 30.5.2022 passed in Criminal Revision No. 153 of 2022 shall be kept in abeyance. The proceedings of Criminal Revision No. 153 of 2022 are also stayed untill further orders.

Order Date :- 1.7.2022

n.u.