Smt. Meena Vishwakarma vs State Of U.P. And Another
2023 Latest Caselaw 27286 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:191895
 
Court No. - 93
 

 
Case :- APPLICATION U/S 482 No. - 36710 of 2023
 

 
Applicant :- Smt. Meena Vishwakarma
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Krishna Mani
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Arun Kumar Singh Deshwal,J.

Heard SRi Krishna Mani Gupta, learned counsel for the applicant and Sri Padmakar Rai, learned AGA for the State.

The present application under Section 482 Cr.P.C. has been filed for quashing the impugned revisional order dated 28.08.2023 passed by the Additional Sessions Judge, Court No.3, Mirzapur in Criminal Revision No.13 of 2020 along with impugned order dated 04.11.2019 passed by Additional Civil Judge (J.D.)/ Judicial Magistrate, Court No.1, Mirzapur in Complaint Case No.5265 of 2015 under Section 156(3) of Cr.P.C.

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, applicant is 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, if any, may be returned to learned counsel for the applicant after obtaining xerox copy of the same.

Order Date :- 5.10.2023

A.Kr.