Bhanu Pratap Nigam @ Vinay Kumar Nigam vs State of U.P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(All) 96591

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Vikas Budhwar, J
Bhanu Pratap Nigam @ Vinay Kumar Nigam – Appellant
Versus
State of U.P. – Respondent

Advocates:
For the Appellants/Petitioners: Bhagwan Dutt Pandey
For the Respondents: G.A.

Table of Content
1. procedural history of summoning orders and subsequent challenges under section 482 and revision. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. arguments regarding the duty of the revisional court to decide on merits regardless of co-accused's pending applications. (Para 7 , 8)
3. duty of the court to exercise jurisdiction on merits when the remedy is maintainable. (Para 9 , 10 , 11)
4. setting aside of the order and remanding the matter for a fresh decision on merits. (Para 12 , 13 , 14 , 15)

1. Heard Sri B.D. Pandey, learned counsel for the petitioner, Sri S.S. Singh, learned AGA for the State.

2. In view of the order which is being proposed to be passed, notices are not being issued to the opposite party no. 2.

3. The case of the applicant is that a complaint stood launched by the opposite party no.2 against the applicant and Shri Vikas Srivastav and thereafter, on 16.01.2020, the Chief Judicial Magistrate, Maharajganj, in Complaint Case No. 2040 of 2018, Nandlal vs. Vikas Srivastav, summoned the applicant and Vikas Srivastav under Sections 406, 419, 420 IPC against which, Shri Vikas Srivastav preferred Revision No. 145 of 2019, which came to be rejected on 16.01.2020.

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2026 Supreme(Online)(All) 96591

IN THE HIGH COURT OF JUDICATURE AT ALLAHABADVikas Budhwar, JBhanu Pratap Nigam @ Vinay Kumar Nigam – AppellantVersusState of U.P. – Respondent

Cases Referred (1)

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Vikas Budhwar, J
Bhanu Pratap Nigam @ Vinay Kumar Nigam – Appellant
Versus
State of U.P. – Respondent