Court No. - 86
Case :- APPLICATION U/S 482 No. - 19349 of 2021 Applicant :- Mohd. Akram Ansari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Zuber Ahmad Siddiqui Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material available on record.
This application under Section 482 Cr.P.C. has been filed for quashing the impugned order dated 24.08.2021 passed by Additional Sessions Judge, 5th, Ghazipur, in Criminal Revision No. 5 of 2021 (Mohd. Akram Vs. State of U.P. & Another) under Section 145/146(1) Cr.P.C., police station- Jangipur, District- Ghazipur and direction to the Court below to take order dated 16.7.2021 on record.
Vide order dated 24.08.2021 the learned Court below has rejected application 25-B moved by the applicant-revisionist.
The facts in short, necessary for disposal of the application is that challenging the ex-parte order dated 15.02.2019 passed under section 146 (1) Cr.P.C. the applicant preferred criminal revision no. 3 3of 2019 which was dismissed by learned 5th Addll. Session in a totally unfair manner without application of judicial mind. That finally the proceeding before the Court of Sub Divisional Magistrate Ghazipur, in the proceeding under section 145/146 Cr.P.C. the house in question was released in favour of opposite party no. 2 (Smt. Rashida Begum) and against this order also the applicant filed Criminal Revision No. 5 of 2021 before the Court of District Judge Ghazipur on the ground that application dated 13.08.2021 moved before the Revisional Court by order dated 5.1.2021 has considered ex- parte order dated 28.2.2019 in the case under Domestic Violence Act by wrongly drawing inference that the opposite party no.2 was residing in the house in question. Moreover the order dated 28.2.2019 has been set-aside on 16.07.2021 during pendency of the revision and application of the applicant for taking on record the copy of order dated 16.07.2021 has been rejected.
Submission of learned counsel for the applicant is that the impugned order dated 24.08.2021 passed by the Revisional Court refusing to take on record copy of the order passed in case of Domestic Violence Act is apparently illegal, erroneous and passed in a mechanical manner without applying judicial mind. Further submission is that on one hand the Revisional Court has rejected the application of the applicant dated 13.08.2021 but had accepted the application 17 B moved by opposite party no.2 and taken her documentary evidence 18 C on record by order dated 19.01.2021.
Learned A.G.A. although tried to support the impugned order but could not justify the different yardstick applied by the Revisional Court wherein it has rejected the prayer of the applicant to take on record copy of the order and allowing the opposite party no.2 to file evidence.
I have considered the submissions and have gone through the materials brought on record together with the impugned order passed by learned Court below and I am of the view that the impugned order passed by the Revisional Court suffers from infirmity and lacks application of judicial mind.
In view of the discussion made above, the impugned order dated 24.08.2021 passed by Additional Sessions Judge, 5th, Ghazipur, in Criminal Revision No. 5 of 2021 (Mohd. Akram Vs. State of U.P. & Another) under Section 145/146(1) Cr.P.C., police station- Jangipur, District- Ghazipur is hereby set-aside. The matter is remanded back to the learned Court below to decide the matter afresh after affording opportunity to both the sides, in accordance with law.
The application stands allowed accordingly.
Order Date :- 25.10.2021 S.Verma