Manish Pandey vs State Of U.P. Through Secretary ...
2023 Latest Caselaw 24844 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:177935
 
Court No. - 93
 
Case :- APPLICATION U/S 482 No. - 33920 of 2023
 
Applicant :- Manish Pandey
 
Opposite Party :- State Of U.P. Through Secretary Home And 6 Others
 
Counsel for Applicant :- Ram Yash Chauhan
 
Counsel for Opposite Party :- G.A.
 
Hon'ble Arun Kumar Singh Deshwal,J.

1. List of fresh cases has been revised.

2. No one appears on behalf of the applicant whereas Sri Rajeev Kumar Singh, learned AGA for the State is present.

3. By way of present application, the applicant has challenged the order dated 09.08.2023 passed by Sessions Judge, Azamgarh in Criminal Revision No.95 of 2023 as well as order dated 24.01.2023 passed by Chief Judicial Magistrate, Azamgarh by which application under Section-156(3) Cr.P.C. was registered as complaint case instead of FIR.

4. A preliminary objection has been raised by learned A.G.A. regarding maintainability of this application because 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, all the judicial orders will be challenged under Article 227 of the Constitution of India.

5. 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.

6. 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.

7. With the aforesaid observation, the present application is dismissed.

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

Order Date :- 14.9.2023/S.Chaurasia