Allahabad High Court
Harmeet Singh & Others vs State Of U.P. & Another on 3 September, 2019
Author: Rajeev Singh
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 11 Case :- U/S 482/378/407 No. - 6214 of 2019 Applicant :- Harmeet Singh & Others Opposite Party :- State Of U.P. & Another Counsel for Applicant :- Sushil Kumar Pathak,Rakesh Kumar Singh Counsel for Opposite Party :- Govt. Advocate Hon'ble Rajeev Singh,J.
Heard learned counsel for the applicants and the learned A.G.A.
This application has been filed for quashing of the order dated 27.08.2019 passed by Sessions Judge, Bahraich in Criminal Revision no. 92 of 2019 (Jagjeet Singh Vs. State).
It is submitted that on the written complaint of Harjeet Singh, an F.I.R. bearing Case Crime No. 2846 of 2017, under Sections 419, 420, 467, 468 and 471 I.P.C., P.S. Kotwali Dehat, District Bahraich was registered on 5th December, 2017 against the applicants. It is further submitted that after investigation, final report No. 38 of 2018 dated 6th March, 2018 was filed, against which protest application was filed. During the course of hearing on the protest application, the informant Harjeet Singh died and his nephew Jagjeet Singh, respondent no. 2 pursued the case and the final report was accepted by the Chief Judicial Magistrate, Bahraich vide order dated 6th March, 2019.
Against the order dated 6th March, 2019, Criminal Revision No. 92 of 2019, (Jagjeet Singh Vs. State of U.P.) was allowed vide impugned order dated 27th August, 2019 by Sessions Judge, Bahraich and the order dated 6th March, 2019 was set aside and the matter was remanded to the same officer, who had passed the order dated 06.03.2019, presently holding the post of Civil Judge (Senior Division), Bahraich. Submission of the learned counsel for the applicants is that such order cannot be passed.
Learned A.G.A. submitted that there is no illegality in the impugned order.
After considering the arguments of the learned counsel for the parties, the order dated 27.08.2019 passed by Sessions Judge, Bahraich, is partly modified with the direction to the Chief Judicial Magistrate, Bahraich to take fresh decision on the protest application of respondent no. 2 strictly in accordance with law within a period of three months from the date of production of a certified copy of this order.
Senior Registrar of this Court is directed to communicate this order to the District Judge, Bahraich.
The application is, accordingly, disposed of.
Order Date :- 3.9.2019 VKS