Kedar Nath Yadav vs State Of U.P. And Another
2023 Latest Caselaw 12495 ALL

Citation : 2023 Latest Caselaw 12495 ALL
Judgement Date : 21 April, 2023

Allahabad High Court

Kedar Nath Yadav vs State Of U.P. And Another on 21 April, 2023

Bench: Shekhar Kumar Yadav




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 70
 

 
Case :- APPLICATION U/S 482 No. - 13039 of 2023
 

 
Applicant :- Kedar Nath Yadav
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Amit Kumar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shekhar Kumar Yadav,J.

The present application under Section 482 Cr.P.C. has been filed to quash the impugned judgment and order dated 20.02.2023 passed by District and Session Judge, Varanasi in Criminal Revision No. 51 of 2022 (Kedar Nath Yadav Vs. State of U.P. and others) as well as order dated 23.11.2021 passed by Additional Chief Judicial Magistrate, Court No.3, Varanasi in Court Application No. 19896 of 2020 (Kedar Nath Yadav Vs. Sobhnath Yadav an others).

Initially a complaint was moved under Section 156(3) Cr.P.C. by the applicant against the opposite party no.2 alleging therein that on 03.11.2020 at about 05:00 p.m. opposite party no.2 came to the shop of the applicant an used filthy language. The matter was investigated and charge sheet was filed.

The court below vide order dated 23.11.2021 has rejected the complaint the of the applicant and against the rejection of the complaint the applicant filed a revision which was also dismissed vide order dated 20.02.2023 by District and Session Judge, Varanasi on the ground of statement of complaint recorded under Section 200 and 202 Cr.P.C. that there were contradictions and there was disputed between the parties regarding the amount of compensation.

Learned counsel for the applicant submitted that both the courts below have not applied its judicial mind and thus have committed gross illegality in passing the impugned orders.

Heard Sri Brijesh Kumar Verma, learned counsel for the applicants, learned A.G.A. for the State and perused the material available on record.

From the perusal of record, this Court found that there is no illegality, perversity or impropriety in the impugned orders. There is no jurisdictional error in the impugned orders and both the courts below have rightly dismissed complaint as well as revision.

As such, application has no force and is accordingly dismissed.

Order Date :- 21.4.2023

Krishna*