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2024 Supreme(All) 1103

SAURABH LAVANIA
Prem Narayan Mishra – Appellant
Versus
State Of Uttar Pradesh Thru. The Prin. Secy. Home Lko. – Respondent


Advocates Appeared:
For the Applicant : Dhirendra Pratap Singh.

JUDGMENT :

(Saurabh Lavania, J.)

Heard learned counsel for the applicant and learned A.G.A. for the State and perused the records. By means of the present application, the applicant has impeached the order dated 28.07.2023 passed by Additional District and Sessions Judge, Court No.1, Pratapgarh (in short "Revisional Court") in Criminal Revision No. 40 of 2016 ( Prem Narayan vs. State of Uttar Pradesh and 6 Others ) and also the order dated 29.01.2016 passed by the Additional C.J.M., Court No.13, Pratapgarh (in short "Magistrate") in Misc. Case No. 335 of 2015 (Prem Narayan vs. Awadhesh Kumar).

2. By the impugned order dated 29.01.2016, the trial Court rejected the application preferred by the applicant under Section 156 (3) Cr.P.C.. The relevant portion of the order dated 29.01.2016 reads as under:-

3. Being aggrieved by the order dated 29.01.2016, the applicant filed Criminal Revision No. 40 of 2016 ( Prem Narayan vs. State of Uttar Pradesh and 6 Others ) and the Revisional Court dismissed the said revision vide order dated 28.07.2023 with following observations:-

    "The grounds shown in the revision also established that there involves a controversy of his civil nature. The findings

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