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RAVINDRA SHARMA & OTHERS versus STATE OF U.P. & ANOTHER

High Court of Judicature at Allahabad

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Ravindra Sharma & Others v. State Of U.P. & Another - CRIMINAL REVISION No. - 3786 of 2003 [2007] RD-AH 16181 (1 October 2007)

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE AT ALLAHABAD

Hon'ble R.K.Rastogi,J.

This revision has been filed against the summoning order dated 5.11.2003 passed by the Addl. Chief Judicial Magistrate-Ist, Saharanpur in case no. 7287 of 2003, Sudhir Vs. Girish, under sections 420, 467 and 471, I.P.C.

Heard Sri B.B.Paul, learned counsel for the revisionists, learned A.G.A. for the State and Sri Rahul Kumar Tripathi for O.P. no.2.

The learned counsel for the revisionists submits that actually dispute between the parties is of civil nature, so the order summoning them as accused in a criminal case should be set aside. On the other hand the learned counsel for O.P. no.2 submits that revision against summoning order is not maintainable in view of the rulings of the Hon'ble Supreme Court in 'Adalat Prasad Vs. Roop Lal Jindal and others' 2004 Supreme Court Cases (Cri) 1927 and 'Subramanium Sethuraman Vs. State of Maharashtra and another' 2005 Supreme Court Cases (Cri) 242.

In view of the aforesaid rulings of the Hon'ble Supreme Court revision against summoning order is not maintainable and the only remedy available to the accused against the said order is to file an application under section 482 Cr.P.C. As such the present revision is not maintainable. The revisionists may seek their remedy in accordance with law and challenge the summoning order on merits therein.

The revision is dismissed as not maintainable. Stay order, if any , is vacated.

Dated:1.10.2007

RPP/Cr.Rev.3786/03


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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