Allahabad High Court
Angad Yadav vs State Of U.P. And Anr on 16 September, 2019
Author: Pradeep Kumar Srivastava
Bench: Pradeep Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 68 Case :- APPLICATION U/S 482 No. - 30534 of 2019 Applicant :- Angad Yadav Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Mohit Singh Counsel for Opposite Party :- G.A.,Sudhir Kumar Shukla Hon'ble Pradeep Kumar Srivastava,J.
Sri Mohit Singh, learned counsel for the applicant, Sri Sudhir Kumar Shukla, learned counsel for the opposite party no.2 and learned A.G.A. for the State, are present.
The present application under Section 482 Cr.P.C. has been filed with a request to quash the impugned judgement and order dated 02.02.2019 passed by the learned Sessions Judge, Ballia, in Criminal Revision No.114 of 2014 (Angad Yadav Vs. State of U.P.) and the impugned order dated 10.07.2014 passed by the Chief Judicial Magistrate, Ballia in Criminal Case No. 347 of 2013 (State Vs. Angad Yadav and others) arising out of Case Crime No.1108 of 2011 under section 302 I.P.C., Police Station - Narhi, District Ballia by which CJ.M., Ballia rejected the application under section 173(8) filed by the applicant for further investigation.
Submission of the learned counsel for the applicant is that C.J.M., Ballia, rejected the application filed by the applicant for further investigation. Against the order of C.J.M., Ballia, a Revision No.114 of 2014 was filed before the Sessions Judge, Ballia, and the Sessions Judge, Ballia, set aside the said revision vide order dated 10.07.2014 passed by the C.J.M., Ballia and remanded the matter for re-consideration. A Criminal Revision No. 2919 of 2014 from the side of opposite party no.2 was filed before this Court and that criminal revision vide order dated 22.11.2018, the order of the Sessions Judge, Ballia dated 02.02.2019 was set aside and the order of Chief Judicial Magistrate, Ballia dated 10.07.2014 was upheld and a direction was given to CJM to pass a fresh order keeping in view of the law laid down in the aforesaid judgment. Thereafter, learned Sessions Judge by impugned judgment and order dated 02.02.2019 rejected the revision. Aggrieved by the said order, the present application has been filed. Submission of learned counsel for the petitioner is that the Hon'ble High Court in that criminal revision directed to pass fresh order but the learned Sessions Judge without applying his mind rejected the revision, therefore, this application has been filed. I went through the judgment passed in the aforesaid criminal revision, I find that there was no discretion left to the Sessions Judge to take otherwise view except to take decision as observed by this Court upholding the order of the CJM.
In view of the above, I do not find any force in the present application and the application is liable to be dismissed. The application is accordingly dismissed.
Order Date :- 16.9.2019 aks