Smt Satyawati vs State Of U.P. And Another
2024 Latest Caselaw 38699 ALL

Citation : 2024 Latest Caselaw 38699 ALL
Judgement Date : 23 November, 2024

Allahabad High Court

Smt Satyawati vs State Of U.P. And Another on 23 November, 2024

Author: Saurabh Srivastava

Bench: Saurabh Srivastava





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:183873
 
Court No. - 85
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 10421 of 2024
 

 
Petitioner :- Smt Satyawati
 
Respondent :- State of U.P. and Another
 
Counsel for Petitioner :- Deepankar Shukla,Pradeep Kumar Mishra,Sr. Advocate,Tanzeel Ahmad
 
Counsel for Respondent :- G.A.,Roopesh Kumar Mishra
 

 
Hon'ble Saurabh Srivastava,J.

1. Heard Sri Deepankar Shukla, learned counsel for petitioner and Sri Roopesh Kumar Mishra, learned counsel for respondent no.2.

2. There is merit in the argument of learned Counsel for petitioner that learned Magistrate has not assigned any reason, whether basic ingredient of offence of criminal breach of trust i.e. entrustment is present or not since it appears to be a case of soft loan between the close relative i.e. husband and wife and her relatives and that allegedly it was not returned.

3. Learned counsel for respondent no. 2 has not able to dispute the above referred argument on basis of record.

4. In aforesaid circumstances, the Court is convinced that impugned order dated 20.06.2022 passed in Criminal Complaint Case No.10907 of 2022 under Sections 406, 323, 504 I.P.C., P.S.- Civil Lines, District- Budaun, pending before the Court of Chief Judicial Magistrate, Budaun in its present form cannot survive since no reason has been assigned in terms of judgments passed by Supreme Court in Lalankumar Singh and others Vs. State of Maharashtra, 2022 SCC OnLine SC 1383 and Delhi Race Club (1940) Ltd. and Ors. Vs. State of U.P. and Anr., 2024 SCC OnLine SC 2248, therefore, it is hereby set aside and matter is remitted back to pass fresh order after hearing the complainant only.

5. Accordingly, the petition is disposed of with aforesaid observation and direction.

Order Date :- 23.11.2024

Vikram