Head Constable 376 Janmejay Singh ... vs State Of U.P. And Another
2023 Latest Caselaw 22525 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?A.F.R.
 
Neutral Citation No. - 2023:AHC:168123
 
Court No. - 93
 
Case :- APPLICATION U/S 482 No. - 30340 of 2023
 
Applicant :- Head Constable 376 Janmejay Singh And 2 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Ganesh Shanker Srivastava,Mahendra Singh
 
Counsel for Opposite Party :- G.A.
 
Hon'ble Arun Kumar Singh Deshwal,J.

By way of present Application, the applicants have challenged the order dated 15.03.2021 passed by Sessions Judge, Kanpur Dehat as well as summoning order dated 02.04.2022 passed by Civil Judge (Junior Division)/F.T.C. (Crime Against Women), District Kanpur Dehat.

A preliminary objection has been raised by learned A.G.A. as per order of the Apex Court passed in the case of Radhey Shyam Vs. State of U.P. reported in (2015) 5 SCC 423, wherein it is observed that all the judicial orders will be challenged under Article 227 of the Constitution of India.

Learned counsel for the applicants submits that there is confusion in Registry of the High Court whether the judicial order passed by the court below can be challenged under Application 482 Cr.P.C. or under Article 227 of the Constitution of India.

This Court is of the view that Hon'ble Apex Court clearly observed in the aforesaid judgment that all the judicial orders will be challenged in the supervisory jurisdiction of the High Court under Article 227 of the Constitution of India, therefore, judicial orders should normally be challenged under Article 227 of the Constitution of India. However, Hon'ble Apex Court in the case of Prabhu Chawla Vs. State of Rajasthan and another, (2015) 17 SCC (562) observed that alternative remedy is not a bar to exercise jurisdiction u/s 482 Cr.P.C. in exceptional case, therefore, in exceptional case application u/s 482 Cr.P.C. may be entertained against judicial order in the interest of justice.

In view of the above legal position, applicants are permitted to file Petition under Article 227 of the Constitution of India for challenging the impugned judicial orders.

With the aforesaid observation, the present Application is dismissed.

Certified copy of the impugned order may be returned to learned counsel for the applicants after obtaining xerox copy of the same.

Order Date :- 21.8.2023

Atul