Dayanidhi @ Dayanidhi Saroj vs State Of U.P. Thru. Prin. Secy. Deptt. Of ...
2024 Latest Caselaw 16663 ALL

Allahabad High Court

Dayanidhi @ Dayanidhi Saroj vs State Of U.P. Thru. Prin. Secy. Deptt. Of ... on 10 May, 2024

Author: Karunesh Singh Pawar

Bench: Karunesh Singh Pawar

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:36073
 
Court No. - 15
 

 
Case :- CRIMINAL REVISION DEFECTIVE No. - 165 of 2024
 

 
Revisionist :- Dayanidhi @ Dayanidhi Saroj
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And 3 Others
 
Counsel for Revisionist :- Amar Nath Dubey,Anil Kumar Yadav
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Karunesh Singh Pawar,J.
 

(Application No.2 of 2024)

The application seeks condonation of delay in filing the revision.

Heard learned counsel for the applicant/revisionist.

Ground shown in the application is sufficient.

Accordingly, the application is allowed and the delay in filing the revision is hereby condoned.

(Order on Revision)

Heard learned counsel for the revisionist.

Learned A.G.A. at the outset, has raised preliminary objection and has submitted that the order allowing the application under Section 311 Cr.P.C. is an interlocutory order and no revision against the said order is maintainable. In support of his arguments, he has relied on the judgment of this Court in Vinod Agarwal and another vs. State of U.P. and another reported in 2019 (109) ACC 734; 2011 (75) ACC 388, Ajay Dixit vs. State of U.P. and another as well as Apex court judgment in Criminal Appeal No. 486-487 of 2009 Sethuraman Vs. Rajamanickam.

Perused the record as also the impugned order.

Considering the above and the law settled in the judgment of Apex Court (supra) as also the judgments of coordinate Bench of this Court (supra), it is clear that the revision is not maintainable against the impugned order, which is an interlocutory order, by which application under Section 311 Cr.P.C. has been allowed.

In view of the above, the revision is dismissed with liberty to seek appropriate remedy as per law.

Office is directed to return certified copy of the documents to the learned counsel for the revisionist as per Rules.

Order Date :- 10.5.2024

Madhu