Allahabad High Court
Netrapal Singh vs State Of Up Another on 21 September, 2024
Author: Saurabh Shyam Shamshery
Bench: Saurabh Shyam Shamshery
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:154033 Court No. - 74 Case :- APPLICATION U/S 482 No. - 16475 of 2024 Applicant :- Netrapal Singh Opposite Party :- State Of Up Another Counsel for Applicant :- A.K. Mishra,Sati Shanker Tripathi Counsel for Opposite Party :- G.A.,Rahul Sahai,Saumitra Anand Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Sri A.K. Mishra, learned counsel for applicant and Sri Saumitra Anand, Advocate for Opposite Party No. 2.
2. Applicant before this Court is complainant, who is aggrieved that a well reasoned summoning order dated 10.08.2023 has wrongly been set aside by means of impugned order dated 19.04.2024 passed by Sessions Judge, Mathura in Criminal Revision No. 516 of 2023 (Narendra Singh vs. State of U.P. and another) filed by proposed accused persons and matter is remitted back to Magistrate concerned with certain observations.
3. Learned counsel for applicant argued at length, however, fairly submits that any observation made in impugned revisional order may not be considered a final opinion and that a direction that documents available alongwith complaint and statements, be considered and only thereafter a summoning order be passed, does not appear to be an adverse order for the applicant.
4. In aforesaid circumstances, without interfering with impugned order, the application is disposed of with observation that Magistrate concerned will pass a fresh order within a period of three months after hearing complainant only, taking note of documents so filed alongwith complaint or statements.
5. Registrar (Compliance) to take steps.
Order Date :- 21.9.2024 AK