Allahabad High Court
SMT. SUNITA CHAUDHARYversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- JAI KRISHNA UPADHYAY
Holding
The revision is dismissed as infructuous because the opposite parties were already discharged.
Summary
The revisionist Smt. Sunita Chaudhary filed a criminal revision challenging the Additional Chief Judicial Magistrate's order dated 15 May 2017 that summoned the opposite parties under Section 417 of the Indian Penal Code. The revision sought to set aside that order. However, the opposite parties had already been discharged by the Additional District and Sessions Judge on 28 January 2025. The High Court observed that the discharge rendered the revision ineffective. Consequently, the Court dismissed the revision as infructuous.
Issues considered
- Whether a criminal revision remains maintainable after the parties against whom the order was passed have been discharged by a higher court
Legislation cited
- Indian Penal Code — s. 417
Subjects
- criminal revision
- Section 417 IPC
- discharge
- infructuous
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL REVISION No. - 2672 of 2017
Smt. Sunita Chaudhary
.....Revisionist(s)
Versus
State Of U.P. And 2 Others
.....Opposite
Party(s)
Counsel for Revisionist(s) : R.K Singh Gaharwar
Counsel for Opposite Party(s) : G.A., Madan Singh
Court No. - 85
HON'BLE JAI KRISHNA UPADHYAY, J.
1. The certified copy of the orders dated 16.08.2023 and 28.01.2025 are
taken on record.
2. List revised. No one is present on behalf of the revisionist to press this
revision. However, Mr. Madan Singh, learned counsel for the opposite
party nos. 2 and 3 and learned AGA for the State are present.
3. This Criminal Revision has been preferred against the judgment and
order dated 15.05.2017 passed by Additional Chief Judicial Magistrate,
Court No. 4, Aligarh in Complaint Case No. 890 of 2016 (Sunita Vs.
Surendra Kumar Verma and another) under Section 417 IPC, Police
Station- Qarshi, District- Aligarh, whereby the learned Magistrate has
summoned the opposite party nos. 2 and 3 under Section 417 IPC.
4. Learned counsel for opposite party nos. 2 and 3 submits that opposite
party nos. 2 and 3 were lastly discharged by the Additional District and
Sessions Judge, Court No. 14, Aligarh, on 28.01.2025, therefore, this
revision has become infructuous.
5. Accordingly, the present revision is dismissed as infructuous.
(Jai Krishna Upadhyay,J.)
September 30, 2026
Nisha
Digitally signed by :-
nisha kumari
High Court of Judicature at Allahabad
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