Veerpal Singh vs State Of U.P. And 5 Others
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Allahabad High Court

Veerpal Singh vs State Of U.P. And 5 Others on 1 February, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:18292
 
Court No. - 93
 

 
Case :- APPLICATION U/S 482 No. - 4001 of 2019
 

 
Applicant :- Veerpal Singh
 
Opposite Party :- State Of U.P. And 5 Others
 
Counsel for Applicant :- Vijay Shantam,Sarvesh Pandey,Shyama Charan Tripathi
 
Counsel for Opposite Party :- G.A.,Awadh Bihari Pandey
 

 
Hon'ble Arun Kumar Singh Deshwal,J.
 

1. Heard learned counsel for the applicant, Sri Awadh Bihari Pandey, learned counsel for opposite party No.2 and Sri Sunil Kr. Kushwaha, learned AGA for the State.

2. The present application under Section 482 Cr.P.C. has been filed for quashing the order dated 13.12.2018 passed by the Sessions Judge, Aligarh, in Criminal Revision No. 360 of 2018 (Veerpal Singh vs. State and others) and order dated 17.7.2018 passed by ACJM-IX, Aligarh, in Complaint Case No. 859 of 2017 (Veerpal Singh vs. Raj Bahadur and others), dismissing the complaint of the applicant u/s 203 Cr.P.C., arising out of protest petition filed against the final report dated 25.8.2016, submitted in NCR No. 41 of 2015 u/s 323 I.P.C., P.S. Gangiri, District Aligarh and direct opposite parties No. 3 to 6 to face trial u/s 323, 326-A, 504, 506 I.P.C.

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 orders.

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

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

Order Date :- 1.2.2024

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