Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 3602 of 2000 Petitioner :- Raj Narain Singh Sarin And Others Respondent :- State Of U.P. & Others Counsel for Petitioner :- Anil Srivastava Counsel for Respondent :- Govt. Advocate,Krishna Capoor,S.K.Srivastava,Sandeep Kumar Srivastava
Hon'ble Aniruddha Singh,J.
Heard Sri Anil Srivastava, learned counsel for the petitioners, Sri Sandeep Kumar Srivastava, learned counsel for opposite parties and learned AGA.
This writ petition has been filed by Raj Narain Singh Sarin and two others against respondent no.3, State of U.P. and Xth Additional Sessions Judge, Agra against order dated 31.5.2000 passed by Xth Additional Sessions Judge, Agra in Criminal Revision No. 542 of 1999(Mahendra Singh vs. State and others) whereby revision was allowed and order dated 10.12.1999 passed by Vth Additional Chief Judicial Magistrate, Agra in case No. 682/98 has been set aside and the case was remanded back to lower Court to decide afresh and date was fixed on 16.6.2000 In nutshell, the fact of the case is that one complaint dated 16.11.98 was filed by respondent no. 3 Mahendra Singh against Raj Narain Sarin, Dabi and Anil and that was dismissed on 6.4.1999 after recording statements under Section 200 and 202 Cr.P.C. Order dated 6.4.1999 was challenged in Criminal Revision No.214 of 1999 which was allowed on 6.7.1999 and case was remanded back. Again summoning order dated 24.7.1999 was passed under Section 352, 504, 506 IPC. Subsequently objection was filed under Section 204 Cr.P.C. in Criminal Case No. 682 of 1998 which objection was allowed vide order dated 10.12.1999 and against which revision No. 543 of 1999 was filed by respondent No. 3 which was allowed vide order dated 31.5.2000 setting aside order dated 10.12.1999 and file was remanded back to Court concerned.
It is admitted fact between the parties that impugned order is subjudiced before the trial Court. Hence it is very clear that alternative remedy is available to the parties before the trial Court and this matter can be decided only by the trial Court. It is not proper to give any finding on this issue and that matter would be open to the parties before the trial Court where they can raise all arguments.
The writ petition is not maintainable and is dismissed with liberty to raise all issues before the trial Court. Stay order, if any, stands vacated.
However, it is made clear that this order will not affect in passing any order by the competent Court.
Order Date :- 30.7.2018 P.P.