Citation : 2022 Latest Caselaw 3937 ALL
Judgement Date : 24 May, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 67 Case :- CRIMINAL REVISION No. - 1650 of 2022 Revisionist :- Shakeel Haider Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Manu Khare Counsel for Opposite Party :- G.A. Hon'ble Rahul Chaturvedi,J.
Heard Shri Manu Khare, learned counsel for the revisionist and learned Additional Government Advocate representing the State and perused the record of the case.
This criminal revision has been preferred by the revisionist-Shakeel Haider against the judgment and order dated 5.3.2022 passed by the learned Additional Sessions Judge/Special Judge (Prevention of Corruption Act) court No. 5, Gorakhpur in Special Sessions Trial No. 1722 of 2021 (State vs. Mohd Shakeel Haider) arising out of Case Crime No. 532 of 2013 registered at police station Gauriganj, district Amethi, whereby the learned Judge has rejected the discharge application dated 30.11.2021 of the revisionist and framed charges against revisionist for the offence under Sections 406, 420, 120-B IPC.
Shri Manu Khare, learned counsel for the revisionist for the above mentioned prayer, started arguing the case. In midst of his argument, it has surfaced that, the F.I.R. was registered at police station Gauriganj, Amethi under the aforementioned sections of I.P.C.
After hearing the submission on the preliminary issue regarding jurisdiction, this Court is of the considered opinion that in the light of judgement in the case of Paritosh Kumar vs Union of India through Central Bureau of Investigation, reported in 2013 UPLBEC (4) 2941, the prayer could be granted by Lucknow Bench of this Court and the Principle Bench of this Court has got no jurisdiction.
As such the revisionist, if so advice, may file fresh appropriate petition before the Lucknow Bench of this Court and the Stamp Reporter shall ignore the period of limitation, if such petition is filed on or before 31st of July, 2022 before Lucknow Bench of this Court.
Order Date :- 24.5.2022
Sumaira
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