Hukam Singh Shankhvar vs State Of U.P. And Another
2024 Latest Caselaw 2844 ALL

Allahabad High Court

Hukam Singh Shankhvar vs State Of U.P. And Another on 1 February, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:18285
 
Court No. - 93
 

 
Case :- APPLICATION U/S 482 No. - 44433 of 2023
 

 
Applicant :- Hukam Singh Shankhvar
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Vinay Kumar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Arun Kumar Singh Deshwal,J.
 

1. Heard Sri Vinay Kumar, learned counsel for the applicant and learned AGA for the State.

2. The present application under Section 482 Cr.P.C. has been filed for quashing the order dated 30.08.2023 passed by the Addl. District & Sessions Judge/Addl. Special Judge, POCSO, Court No.1, Firozabad, in Criminal Revision No.122 of 2023 (CNR No. UPFD01-000563-2023) (Sumitra vs. Hukam Singh and another), arising out of Complaint Case No. 1183 of 2018 (Smt. Sumitra Devi vs. State of U.P. and another), P.S. Dakshin, District Firozabad, pending before Additional Sessions Judge/POCSO-I, Firozabad.

3. 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.

4. 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.

5. In the present case, the applicant could not make out the case of exceptional nature, which could persuade this Court to exercise its inherent power under Section 482 Cr.P.C.

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 order.

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

8. Certified copy of the impugned order, if any, may be returned to learned counsel for the applicant after retaining xerox copy of the same.

Order Date :- 1.2.2024

Vandana