Chandra Shekhar vs State Of U.P. And Another
2022 Latest Caselaw 7971 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 10
 
Case :- CRIMINAL REVISION No. - 625 of 2014
 
Revisionist :- Chandra Shekhar
 
Opposite Party :- State of U.P. and Another
 
Counsel for Revisionist :- Satish Chandra Sitapuri
 
Counsel for Opposite Party :- Govt. Advocate
 
Hon'ble Dinesh Kumar Singh,J.

1. Heard Sri Satish Chandra Sitapuri, learned counsel for the revisionist and Sri Ran Vijay Singh, learned A.G.A. for the State-respondent.

2. Present revision under section 397 Cr.P.C. readwith section 401 Cr.P.C. has been filed against the Judgment and Order dated 07-08-2014 passed by the Judicial Magistrate, Unnao in Case No. 1262 of 2011, under section 420 I.P.C., Police Station-Ajgain, district-Unnao rejecting the application of the revisionist for the offence under section 420 I.P.C.

3. The allegation against the revisionist is that he had obtained forged and fabricated domicile certificate of Village-Sikandarpur, Police Station-Ajgain, district-Unnao.

4. This court vide order dated 13-07-2022 directed the learned A.G.A. to obtain instructions as to whether the domicile certificate issued in favour of the revisionist of Village-Sikanderpur, Post Office-Jaitpur, Police Station-Ajgain, District-Unnao, has been cancelled or not.

5. Sri Ran Vijay Singh, learned A.G.A., on the basis of written instructions received on this point, submits that the revisionist is the original resident of Village-Sikanderpur, Post Office-Jaitpur, Police Station-Ajgain, district-Unnao and he is lessee of the fair price shop of the said village and the shop has been still in operation, which was allotted on 19-05-2016.

6. In view of the aforesaid instructions, the offence under section 420 I.P.C. is not made out against the revisionist, and the order passed by the learned trial court is liable to be set aside.

7. In view of the aforesaid, the revision is allowed, and the revisionist is discharged for the offence under section 420 I.P.C.

(Dinesh Kumar Singh, J.)

Order Date :- 25.7.2022/AKS