Dinesh Kumar vs State Of U.P. And 2 Others
2025 Latest Caselaw 4793 ALL

Allahabad High Court

Dinesh Kumar vs State Of U.P. And 2 Others on 7 February, 2025

Author: Saurabh Srivastava

Bench: Saurabh Srivastava

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:19177
 
Court No. - 79
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 9029 of 2024
 

 
Petitioner :- Dinesh Kumar
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- P.K. Singh,Ram Milan Dwivedi
 
Counsel for Respondent :- G.A.,Manoj Kumar Srivastava,Pramod Kumar Srivastava
 

 
Hon'ble Saurabh Srivastava,J.
 

1. Heard Sri Ram Milan Dwivedi, learned counsel for petitioner and Sri Manoj Kumar Srivastava, learned counsel appearing on behalf of respondent nos. 2 and 3 and learned AGA for the State.

2. Present petition has been preferred with the following prayers:-

"A. Set aside the impugned judgment and order dated 17.05.2024 passed by Sessions Judge, Chitrakoot in Criminal Revision no. 86 of 2023 (Dinesh Kumar vs. Surendra and others) as well as impugned judgment and order dated 18.10.2023 passed by Chief Judicial Magistrate, Chitrakoot in Case no. 11 of 2023 (Dinesh Kumar vs. Surendra @ Virendra) arising out of Case Crime no. 131 of 2022 under sections 304, 120-B IPC, Police Station Karvi, District Chitrakoot. (Annexure no. 1 to this petition)."

3. Learned counsel for the petitioner submitted that a FIR has been registered as Case Crime no. 131 of 2022 wherein after the detailed investigation concerned Investigating Officer preferred final report under Section 173(2) of Cr.P.C. which has been challenged through protest petition preferred at the behest of the petitioner but the same has been dismissed vide order dated 18.10.2023 passed by learned court of Chief Judicial Magistrate, Chitrakoot.

4. Being aggrieved with the order dated 18.10.2023, petitioner preferred Criminal Revision no. 86 of 2023 on the specific grounds that the evidences which has been already examined by the learned Chief Judicial Magistrate has not been given any credence such as that investigation indicated respondent no. 2 with the deceased as last seen along with some other grounds.

5. Learned counsel for the petitioner further submitted that the credential of the evidences has been neglected by learned Chief Judicial Magistrate as well as by the learned court of Sessions Judge, District Chitrakoot.

6. Per contra, learned counsel appearing on behalf of respondent nos. 2 and 3 never intended to controvert the same by way of filing counter affidavit rather he objected the entire arguments by way of re-appreciating the findings returned with the learned revisional authority.

7. Matter needs consideration and as such order dated 17.05.2024 passed by learned revisional court is hereby set aside. Matter is remitted back for reconsideration of the Criminal Revision no. 86 of 2023 preferred at the behest of petitioner for deciding afresh precisely on the ground that specific finding must be returned by learned revisional court.

8. The instant petition stands partly allowed accordingly.

Order Date :- 7.2.2025

Shaswat