SAURABH LAVANIA
Prem Narayan Mishra – Appellant
Versus
State Of Uttar Pradesh Thru. The Prin. Secy. Home Lko. – Respondent
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:-
Lalita Kumari vs. State of U.P.
Ramdev Food Products Private Limited vs. State of Gujarat reported in (2015) 6 SCC 439
Priyanka Srivastava vs. State of U.P.
Devarapalli Lakshminarayana Reddy v. V. Narayana Reddy (1976) 3 SCC 252 : 1976 SCC(Cri) 380
Anil Kumar v. M.K. Aiyappa (2013) 10 SCC 705 : (2014) 1 SCC(Cri) 35
Dilawar Singh v. State of Delhi (2007) 12 SCC 641 : (2008) 3 SCC(Cri) 330
Mohd. Yousuf v. Afaq Jahan, (2006) 1 SCC 627, SCC p. 631
CREF Finance Ltd.v. Shree Shanthi Homes (P) Ltd. (2005) 7 SCC 467 : 2005 SCC(Cri) 1697
Madhao v. State of Maharashtra
XYZ vs. State of Madhya Pradesh and Others reported in (2023) 9 SCC 705
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