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2020 Supreme(SC) 135

NAVIN SINHA, KRISHNA MURARI
Mukul Agrawal – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner(s): Mr. Alakh Alok Srivastava, Adv. Mr. Nilesh Tiwari, Adv. Mr. Sankalp Tiwari, Adv. Dr. Kedar Nath Tripathy, AOR
For the Respondent(s): Ms. Ruchira Goel, AOR Mr. E. C. Vidya Sagar, AOR

JUDGMENT :

NAVIN SINHA, J.

1. Leave granted.

2. The appellants are aggrieved by order dated 21.05.2019 dismissing their application under Section 482 Cr.P.C. declining to quash the entire proceedings against them in Complaint Case No. 2705/2003 filed by the respondent no. 2 under Sections 420, 467, 468, 471, I.P.C.

3. The order of the High Court unfortunately only discusses the principles for quashing laid down in judicial precedents and abruptly concludes to decline interference. The order does not reflect any consideration of the facts, the materials and the reasons why the High Court was not persuaded to entertain the application. We are therefore deprived of the understanding for the reasons why the High Court did not consider it a fit case for interference. Needless to state, any order which is amenable to challenge in a superior court, has to be reasoned and speaking to facilitate better understanding of the order making judicial review an effective exercise.

4. The respondent filed Original Suit No. 12 of 1996 stating that he was a tenant in the disputed shop and was wrongly being asked to vacate, declining to accept rent, seeking a permanent injunction restraining the appellant


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