Prem Narain Singh And 7 Ors vs State Of U.P And 5 Ors
2022 Latest Caselaw 3846 ALL

Citation : 2022 Latest Caselaw 3846 ALL
Judgement Date : 23 May, 2022

Allahabad High Court

Prem Narain Singh And 7 Ors vs State Of U.P And 5 Ors on 23 May, 2022

Bench: Karunesh Singh Pawar




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 13
 

 
Case :- CRIMINAL REVISION No. - 175 of 2018
 

 
Revisionist :- Prem Narain Singh And 7 Ors
 
Opposite Party :- State Of U.P And 5 Ors
 
Counsel for Revisionist :- Virendra Kumar Shukla
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Karunesh Singh Pawar,J.

Heard learned counsel for the revisionists who has filed supplementary affidavit today in court, which is taken on record and learned A.G.A. for the State. Notice to respondents 4 and 5 is dispensed with.

The revision petition has been filed against impugned judgment and order dated 7.12.2017, 11.2.2013 and 13.7.2011 in case No.1845 of 2017 Nirmala Singh and others versus Vindhey Singh and others.

Learned A.G.A. has raised a preliminary objection regarding maintainability of the revision. He submits that against order passed by Sub Divisional Magistrate under section 145 CrPC, revision lies before the District & Sessions Judge, and not before this Court. He has drawn attention of the Court towards specific provision of Section 397(1) CrPC and also explanation contained in Sub Section (1) of section 397 CrPC and submitted that since the court of Sub Divisional Magistrate according to explanation to section 397(1) CrPC is inferior to the court of District & Sessions Judge for the purpose of this section, therefore,revision shall lie before the District & Sessions Judge.

It is further submitted by learned A.G.A. that revision is also liable to be dismissed on the ground that if the same is entertained by this court, it will curtail one opportunity for private respondent(s).

On due consideration to the argument, as also keeping in view section 397 (1) CrPC, I am of the view that the Sub Divisional Magistrate is an inferior court to the court of District & Sessions Judge in view of the explanation given in section 397(1) CrPC, therefore, the revision shall lie before the District & Sessions Judge.

The revision is thus dismissed as not maintainable before this court. Liberty is given to the revisionist to file a revision before the appropriate court.

Order Date :- 23.5.2022

kkb/