Viresh Kumar vs State Of Up And 3 Others
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Allahabad High Court

Viresh Kumar vs State Of Up And 3 Others on 1 July, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:105763
 
Court No. - 87
 
Case :- MATTERS UNDER ARTICLE 227 No. - 7706 of 2024
 
Petitioner :- Viresh Kumar
 
Respondent :- State Of Up And 3 Others
 
Counsel for Petitioner :- Rajesh Kumar Tiwari
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Ms. Nand Prabha Shukla,J. 
 

Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record.

Present petition has been filed by the petitioner to set aside the judgment and order dated 19.06.2023 passed by Upper Chief Judicial Magistrate, Shikohabad, District-Firozabad in Complaint Case No. 9794 of 2023 (Viresh Kumar Vs. Manisha Pal and Others) as well as order dated 16.10.2023 passed by Upper District and Upper Session Judge/Additional Special Judge, POCSO, Court No. 1, Firozabad in Criminal Revision No. 164 of 2023 (Viresh Vs. Manisha Pal and others).

It has been submitted by learned counsel for the petitioner that the petitioner has moved a complaint under Section 190 Cr.P.C. in Complaint Case No. 9794 of 2023 before Upper Chief Judicial Magistrate, Shikohabad, District-Firozabad in respect to the forged caste certificate manipulated by opposite party Nos. 2 to 4. However, learned Upper Chief Judicial Magistrate vide order dated 19.06.2023 and learned Upper District and Upper Session Judge/Additional Special Judge, POCSO, Court No. 1, Firozabad vide order dated 16.10.2023 did not consider the allegations made in the original complaint and proceeded to decide the issue in respect to the birth certificate. The dispute basically confines merely to the caste certificate and not to the birth certificate.

Considering the aforesaid facts and circumstances of the case, it is hereby directed that the orders dated 19.06.2023 and 16.10.2023 are hereby set aside directing the Court concerned to decide the issue afresh considering the allegations made in the original complaint filed by the petitioner within a period of two months from the date of certified copy of this order.

With the aforesaid directions, the petition is allowed.

Order Date :- 1.7.2024/Shivani