Allahabad High Court
Girish Chandra Sharma vs State Of U.P. And 2 Others on 6 May, 2024
Author: Rajeev Misra
Bench: Rajeev Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:80548
Court No. - 77
Case :- CRIMINAL REVISION No. - 3008 of 2023
Revisionist :- Girish Chandra Sharma
Opposite Party :- State Of U.P. And 2 Others
Counsel for Revisionist :- Juned Alam,Pradeep Kumar
Counsel for Opposite Party :- Avinash Tiwari,G.A.
Hon'ble Rajeev Misra,J.
1. Heard Mr.Juned Alam, the learned counsel for revisionist, the learned A.G.A. for State and Mr. Avinash Tiwari, the learned counsel representing opposite parties 2 and 3.
2. Perused the record.
3. This criminal revision has been filed challenging the order dated 01.04.2023 passed by Additional District and Sessions Judge, Court No. 06, Bareilly in Session Trial No. 80 of 2022 (State Vs. Onkar and others) arising out of Case Crime No. 0625 of 2019, under Sections 498A, 304B I.P.C. and 3/4 D.P. Act, Police Station Baheri, District Bareilly, whereby, Court below had rejected the application dated 24.02.2023 filed by the first informant/revisionist under Section 319 Cr.P.C for summoning the prospective accused i.e. opposite parties-2 and 3 herein to face trial in aforementioned Sessions Trial.
4. At the very outset, Mr. Avinash Tiwari, the learned counsel representing opposite parties 2 and 3 contends that charge sheeted accused namely onkar (husband) and Ramesh Chandra Sharma (father-in-law) and Ram Pyari (mother-in-law) of the deceased have already been acquitted by court below vide judgment and order dated 30.01.2024.
5. On the above premise, he contends that the present criminal revision has now been rendered infructuous. The remand if any made by this Court will be vague and futile. As such, the present criminal revision is therefore liable to be dismissed.
6. Per contra, the learned A.G.A. contends that the issue that has emerged for consideration in present criminal revision in the light of the aforesaid submission urged by the learned counsel representing opposite parties 2 and 3 is no longer res-integra and stands settled by the judgment of the Supreme Court in Vikas Rathi Vs. State of U.P., 2023 SCC Online SC 211.
7. In view of above, no useful purpose shall be served in setting aside the order impugned and remanding the matter to Court below for consideration afresh. As such, no effective relief can be granted in favour of the prosecution qua the application under Section 319 Cr.P.C. As such, the present criminal revision is liable to be dismissed.
8. When confronted with above, the learned counsel for revisionist could not overcome the same.
9. Having heard, the learned counsel for revisionist, the learned A.G.A. representing opposite party-1, the learned counsel representing opposite parties 2 and 3 upon perusal of record and coupled with the fact that the objections raised by the learned A.G.A. and the learned counsel representing opposite parties 2 and 3 in opposition to the present criminal revision could not be dislodged by the learned counsel for revisionist, therefore, no good ground exists for interference by this Court.
10. In view of above, the present criminal revision fails and is liable to be dismissed.
11. It is, accordingly, dismissed.
Order Date :- 6.5.2024
Imtiyaz
