M/S Bhalla Sports(P) Ltd. vs State Of U.P. And Another
2023 Latest Caselaw 6920 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 72
 

 
Case :- APPLICATION U/S 482 No. - 36855 of 2022
 

 
Applicant :- M/S Bhalla Sports(P) Ltd.
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Akhilesh Kumar,Suresh Chandra Srivastava,Vishal Jaiswal
 
Counsel for Opposite Party :- G.A.,Romeshwari Prasad
 

 
Hon'ble Umesh Chandra Sharma,J.

Heard Sri Vishal Jaiswal, learned counsel for the applicant, Sri Pankaj Kumar Tripathi, learned AGA for the State, Sri Romeshwari Prasad, learned counsel for opposite party no.2 and perused the record.

Learned counsel for the applicant concedes that the order passed under Section 256 CrPC may be challenged in an appeal not in an application under Section 482 CrPC. However, he has relied on the judgment in Sri K.V. Maridevaru Vs. Sri Radha Raman Major, decided on 14.02.2020 in which the learned Singh Judge of the Karnataka High Court permitted the revisionist to convert the revision into an appeal.

The present application has been filed under Section 482 CrPC. The basis and prayer sought in this application is quite different from the nature and prayer proposed to be sought in appeal. It is also noteworthy that the impugned order was passed by I-Class Magistrate of the District Court which may be challenged in the Court of concerned District Judge.

On the basis of above discussion, this Court is of the opinion that the aforementioned case does not apply in this case. The application under Section 482 CrPC is not maintainable against the order passed under Section 256 CrPC. Hence, the application is dismissed as not maintainable.

Learned counsel for the applicant contends that under Section 378(4) CrPC the appeal could be instituted directly in the High Court.

If any appeal is preferred, the concerned Court would see as to whether the benefit under Section 5 of the Limitation Act may be accorded or not.

Obviously if applicant prefers an appeal, it would be barred by law of limitation, therefore, the applicant would be under an obligation to issue notice first to the concerned respondent before filing the appeal.

Order Date :- 2.3.2023

Shahroz