High Courts(2007) 08 AHC CK 0101

Raj Mani Pandey vs State of U.P.and Others

Allahabad High Court · Decided on 23 August 2007

HON’BLE JUDGES
A.K.Roopanwal, J
RESULT
Allowed
CASE NUMBER
Criminal Revision No. 2163 of 2007

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Judgment

7 paragraphs · 235 words

A.K. Roopanwal, J.—Heard Mr. Rama Nand Pandey for the revisionist and perused the record.

2.

I do not think it proper to issue notice to the opposite sides as the order passed by the revisional Court is purely erroneous and if notices are issued, it would simply mean that illegality has been allowed to perpetuate by the High Court also.

3.

It appears from the record that at the initiation of the revisionist the first Court issued the order for registration and investigation of the case. Against the order dated 1632007 a revision was filed, which was allowed and the order dated 163 2007 was set aside.

4.

As the order dated 1632007 was an administrative order, though passed on judicial side and revision was filed by the opposite parties No. 2 to 6 at precognizance stage, hence, they had no locus standi to file such a revision and the revisional Court was also not justified in allowing such revision. My view is fortified by Union of India v. W.N. Chadha, 1993 SCC (Cr) 1171, and the ruling of this Court reported in Munish Chandra Srivastava v. State of U.P. and Ors., 2007 (58) ACC 1041.

5.

In view of the above, I find that the order impugned in this revision is an illegal order, which is liable to be set aside.

6.

Accordingly, revision is allowed. Order dated 1272007 is set aside.

Revision allowed.