Allahabad High Court
BHAGWAT SINGHversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- VIKRAM D CHAUHAN
Holding
The revisional court did not err in remanding the matter, as complaints must be decided on their merits.
Summary
The petitioner, Bhagwat Singh, filed a petition under Article 227 challenging an order dated 29 July 2026 passed by the Additional Session Judge, Agra, which set aside a trial court order of 28 August 2024 that had dismissed a criminal complaint for lack of evidence and non‑appearance of the complainant. The underlying dispute involved an ejection suit where the respondent was a tenant, and a criminal complaint was later lodged against the petitioner. The trial court had found no material evidence and dismissed the complaint, but the revisional court remanded the matter, holding that the complaint should be decided on its merits after summoning the accused. The petitioner argued that the revisional court erred in overturning the trial court’s finding of no evidence. The High Court examined whether the revisional court correctly applied the principle that complaints must be decided on merits and found no error in the remand. Consequently, the Court held that the petition lacked merit and dismissed it.
Issues considered
- Whether the revisional court erred in setting aside the trial court's order dismissing the criminal complaint on the ground of lack of evidence.
- Whether the complaint should be decided on merits despite the complainant's non‑appearance.
Subjects
- Article 227
- criminal revision
- ejection suit
- complaint dismissal
- lack of evidence
- remand
- High Court jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12135 of 2026
Bhagwat Singh
.....Petitioner(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Petitioner(s) : Deepak Kumar Kulshrestha
Counsel for Respondent(s) : G.A.
Court No. - 55
HON'BLE VIKRAM D. CHAUHAN, J.
1. Heard learned counsel for petitioner and learned AGA for the State.
2. The petition is filed with the following prayer:
"(i) Set-aside the impugned order dated 29.07.2026 passed by Learned Additional
Session Judge, Court No.10, Agra in Criminal Revision No.906 of 2024 (Smt. Kiran
Devi Vs. State Of U.P. & Another) whereby the learned Additional Session Judge,
Court No.10, Agra allowed the revision of the Complainant / Respondent and
consequently restore the order dated 28.08.2024 passed by Learned Judicial
Magistrate Court no. 1 Agra."
3. It is submitted by learned counsel for petitioner that opposite party no.2
was the tenant and petitioner had lodged a suit for ejection. It is submitted
that subsequently complaint has been lodged and the statement has been
recorded and the trial court by order dated 28.8.2024 has rejected the
complaint on the ground of non appearance of complainant as well as
there was no evidence. The revisional court has set aside the order dated
28.8.2024 and has remanded the matter on the ground that after
summoning the accused, complaint ought to have been decided on merits
and could not have been decided for non prosecution. It is further
submitted that the trial court has recorded a finding that there is no
material evidence on record.
4. Perusal of order dated 28.8.2024 would go to show that the finding that
there is no evidence on record is without application of mind. Neither the
records have been discussed in the order.
A227 No. 12135 of 2026
2
5. It is settled law that the complaint is being decided on merits. The
materials ought to have been considered in proper prospective. The
revisional court has committed no error in remanding the matter by means
of impugned order dated 29.7.2026.
6. In view of aforesaid, the petition lacks merit and is, accordingly,
dismissed.
(Vikram D. Chauhan,J.)
September 14, 2026
D. Tamang
Digitally signed by :-
DHIRENDRA TAMANG
High Court of Judicature at Allahabad
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