Court No. - 49
Case :- APPLICATION U/S 482 No. - 25653 of 2018 Applicant :- Deen Dayal Opposite Party :- State Of Up And Another Counsel for Applicant :- Chaudhary Subhash Kumar Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State as also perused the record.
The present 482 Cr.P.C. application has been filed to quash the order dated 09.05.2018 passed in Criminal Revision No. 59 of 2015 (Hari Kishun Vs. State of U.P. & others) by the learned Addl. Sessions Judge-IV, Jalaun at Orai.
Learned counsel for the applicant submits that Permanent Lok Adalat had closed the proceedings by accepting the final report submitted by the police. It is thus submitted that neither criminal revision against such order was maintainable nor the learned court below has acted in accordance with law by setting aside the order passed by the Permanent Lok Adalat.
In the first place, it is seen that the offence alleged is clearly cognizable. Then the order dated 22.02.2015 claimed to have been passed by the National Lok Adalat, has infact been passed by the learned Chief Judicial Magistrate.
However, the submission of learned counsel for the applicant appears to be correct that such order has been passed by the learned Chief Judicial Magistrate acting as Lok Adalat.
Thus, though the learned counsel for the applicant may be right to some extent that the revision against the order passed by the Lok Adalat may not lie before the learned Addl. Sessions Judge-IV, Jalaun at Orai, however that illegality cannot be examined in isolation, since it cannot also be lost sight that the Lok Adalat would have no jurisdiction with respect to the cognizable offence.
Consequently, both, the order dated 09.05.2018 passed in Criminal Revision No. 59 of 2015 by the learned Addl. Sessions Judge-IV, Jalaun at Orai and also the order dated 22.02.2015 passed by the Lok Adalat appear to lack in jurisdiction.
In the present proceedings under Section 482 Cr.P.C., the High Court may exercise its inherent jurisdiction to secure the ends of justice. Consequently, both the orders dated 09.05.2018 and 22.02.2015 are set aside and the matter is remitted to the learned Magistrate concerned, to pass appropriate order on the final report submitted by the police, strictly in accordance with law.
Such exercise may be completed as expeditiously as possible, preferably within a period of three months from the date of production of a certified copy of this order.
With the aforesaid observation, the instant application stands disposed of.
Order Date :- 30.7.2018 Lbm/-