Allahabad High Court
Yogesh Dutt Tripathi vs State Of U.P. Thru. Prin. Secy. ... on 11 November, 2022
Bench: Mohd. Faiz Khan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 12
Case :- CRIMINAL MISC. WRIT PETITION No. - 8334 of 2022
Petitioner :- Yogesh Dutt Tripathi
Respondent :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Others
Counsel for Petitioner :- Ganga Prasad,Dinesh Kumar Srivastava
Counsel for Respondent :- G.A.
Hon'ble Mohd. Faiz Alam Khan,J.
Heard Shri Ganga Prasad, learned counsel for the petitioner/complainant as well as learned A.G.A. appearing for opposite party no.1 and perused the record.
The instant petition under Article 226 of the Constitution of India has been filed by the petitioner- Yogesh Dutt Tripathi with the following prayers:-
"(i). to issue a writ, order or direction in the nature of Certiorari thereby quashing the impugned order dated 23.07.2022 passed by the Additional District and Sessions Judge, F.T.C., Pratapgarh;
(ii) issue a writ, order or direction in any nature, which this Hon'ble Court may deem fit and proper under the circumstances of the case.
(iii) Award the cost of the writ petition in favour of the petitioner."
Learned counsel for the petitioner submits that he is a complainant of the Complaint Case No. 158/2017 and the trial court after considering the statement of the complainant as well as of his witnesses has summoned the accused persons/private respondents to face trial under Sections 147, 149, 419, 420, 504 and 506 I.P.C., however, on a revision being preferred against this order by the accused persons the revisional court without considering the evidence available on record and the statement of the complainant and his witnesses in right perspective has quashed the summoning order and directed the Magistrate to pass an appropriate order strictly in accordance with law.
It is further submitted that the impugned order passed by the revisional court of date 23.07.2022 is perse illegal and, therefore, is liable to be set-aside.
Learned A.G.A. on the other hand submits that the matter has only been remanded back by the Sessions Judge for consideration afresh and, therefore, the petitioner may not be termed as an aggrieved person.
Having regard to the facts and circumstances of this case and keeping in view the order intended to be passed, the service of notice on opposite party nos.2 to 4 is hereby dispensed with.
Perusal of the record would reveal that the opposite party nos.2 to 4 were summoned to face trial by the Magistrate for committing the offences under Sections 147, 149, 419, 420, 504 and 506 I.P.C. and on a revision being filed by the accused persons the trial court has set-aside the summoning order of date 22.11.2021 passed by the Magistrate and directed him to pass a fresh order. Perusal of this order of the revisional court would reveal that the revisional court has not directed the trial court to pass any fresh order in accordance with the observations made in the body of the impugned judgment dated 23.07.2022.
Thus, having regard to all the facts and circumstances of the instant case, the instant petition is finally disposed of with a direction to the Magistrate where the case has been remanded back by the revisional court vide its order dated 23.07.2022 to pass a fresh summoning order with regard to the complaint filed by the complainant without affecting by the observations made by the Sessions Judge in its order dated 23.07.2022 by applying its own independent judicial mind strictly in accordance with law.
Order Date :- 11.11.2022
Praveen
