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Allahabad High Court

SMT. SUNITA CHAUDHARYversusSTATE OF U.P. AND 2 OTHERS

Decided

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

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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