Udayveer Singh vs State Of U.P. And 17 Others
2023 Latest Caselaw 2624 ALL

Citation : 2023 Latest Caselaw 2624 ALL
Judgement Date : 24 January, 2023

Allahabad High Court

Udayveer Singh vs State Of U.P. And 17 Others on 24 January, 2023

Bench: Ashwani Kumar Mishra, Rajendra Kumar-Iv




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 47
 

 
Case :- CRIMINAL MISC REVIEW APPLICATION No. - 1 of 2023
 

 
Applicant :- Udayveer Singh
 
Opposite Party :- State Of U.P. And 17 Others
 
Counsel for Applicant :- Pankaj Kumar Tripathi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Ashwani Kumar Mishra,J.

Hon'ble Rajendra Kumar-IV,J.

This review application has been filed by the informant petitioner stating that a false statement was made before this Court by the concerned S.H.O. that a protest petition was filed in the matter and that protest petition has actually been filed after dismissal of the writ petition on 23.9.2022.

Learned AGA points out that closure report was filed on 4.12.2021 itself, on which notices had been issued to the informant/complainant. It is submitted that the date of filing of protest petition is not of much relevance, inasmuch as the procedure did require issuance of notice to the informant/complainant, once a closure report was filed.

From the materials brought on record, we find that the Criminal Misc. Writ Petition No. 87 of 2021 was filed with the prayer to direct the respondents to conduct fair investigation in the matter. The investigation was concluded with submission of a closure report. This is clearly reflected from the ordersheet of the court below dated 4.12.2021. Mere fact that protest petition was filed later would not be of much consequence, inasmuch as the investigation having concluded with submission of closure report, whereafter notices were issued to the informant on 4.12.2021, the writ petition filed with the prayer to conduct fair investigation had lost its efficacy. This Court, therefore, finds no good ground to review the judgment and order dated 5.8.2022 only on the ground that protest petition was filed subsequently. There is no misrepresentation on material aspects as investigation had concluded much before 5.8.2022 with submission of closure report.

This review application lacks merit and is, accordingly, rejected.

Order Date :- 24.1.2023

Anil