Back
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
ABDUL SHAHID
Ram Gopal – Appellant
Versus
State Of U.P. – Respondent
| Table of Content |
|---|
| 1. challenge of lok adalat award basis (Para 2 , 3) |
| 2. nature and limitations of lok adalat powers (Para 4 , 5 , 6 , 7) |
| 3. dismissal with leave for other remedies (Para 8 , 9) |
JUDGMENT :
ABDUL SHAHID, J.
1. Heard Sri Pranjal Singh, learned counsel for the revisionist, and Sri Sudhir Kumar, learned counsel for opposite party nos. 2 to 4.
2. The present criminal revision has been initiated on the basis of an award dated 11.12.2021 passed in the National Lok Adalat by the Chief Judicial Magistrate, Budaun, in Criminal Case No. 117 of 2019 (State of U.P. versus Sudhir Kumar and others), arising out of NCR No. 155 of 2015. The said award was challenged by way of Criminal Appeal No. 17 of 2024 (Ram Gopal versus State of U.P. and others), which was decided by the learned Additional District and Sessions Judge/Special Judge (E.C. Act), Budaun, vide order dated 15.02.2025, and the same was dismissed.
3. Thus, the genesis of the present criminal revision lies in the award dated 11.12.2021 passed by the National Lok Adalat.
4. This Court in Shashwat Agrawal Versus State of U.P. and another , 2024 : AHC : 159141, has held as under:
"7. .....The moment, the same officer, who was holdi
Lok Adalat awards are to be challenged only through writ petitions under Articles 226 and 227 of the Constitution; they do not possess adjudicatory powers.
The award of Lok Adalat is final and binding, challengeable only through writ petitions under Articles 226 and 227, not in Civil Court.
A Lok Adalat award can be challenged by filing a writ petition under Article 226/227 of the Constitution of India on limited grounds, and a civil suit is not maintainable to challenge a Lok Adalat aw....
Award passed in Lok Adalat concerning criminal case under Section 138 of Negotiable Instruments Act, 1881 is executable by Civil Court in case of default committed by judgment debtor.
The Lok Adalat lacks the authority to dismiss cases in default of appearance and must return cases to the original court if no settlement is achieved.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
