Nitin Kumar Jain vs State Of U.P. And 2 Others

Nand Prabha Shukla,J.

Heard learned counsel for the petitioner, learned AGA for the State and perused the record.

The instant petition under Article 227 of the Constitution of

India has filed seeking the following relief:

"(i) Issue an order or directing setting aside the order dated 20.05.2024 passed by Sessions Judge, Agra in Criminal Revision No. 82 of 2024 (Nitin Jain Vs. State of U.P. and and Another).

(ii) Issue an order or directing setting aside the order dated 08.12.2023 passed by Additional Chief Judicial, Court No. 01, Agra in Case No. 15385 of 2022 (Nitin Kumar Vs. Abhishek Ahuja and Others) u/s 420, 406 IPC, Police Station Sikandara, District Agra.

(iii) Issue any suitable order or direction as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case existing the present case;

(iv) Award the cost of the abovenoted petition in favor of the plaintiffs/petitioners."

It has been submitted by learned counsel for the petitioner that the petitioner lodged a complaint bearing Complaint Case No. 5385 of 2022 against the respondent- accused which was dismissed by the Additional Chief Judicial Magistrate, Court No. 01, Agra vide order dated 08.12.2023 under Section 203 Cr.P.C.

Being aggrieved by the said order, the petitioner preferred a criminal revision before the learned District & Sessions Judge, Agra wherein the criminal revision was dismissed for want of prosecution vide order dated 20.5.2024, passed by the learned Revisional Court.

Learned counsel for the petitioner has relied upon the judgement of Hon'ble Supreme Court in Taj Mohammad vs.

State of Uttar Pradesh & Another, 2023 LiveLaw (SC) 689 wherein the Hon'ble Supreme Court emphasised that: "even in the absence of a party or his counsel, a revision petition calls for consideration on merits in accordance with the parameters for consideration of a revision petition".

It has been emphasized that the Revisional Court had dismissed the revision for want of prosecution which is against the mandate of law as discussed above.

Accordingly, considering the aforesaid facts and circumstances of the case as well as in light of the observations as discussed above, the order dated 20.5.2024 passed by Sessions Judge, Agra is hereby set aside and the matter is remitted back to the Revisional Court to re-hear the matter and pass a fresh order on merit in accordance with law after giving opportunity of hearing to both the parties and subject to their cooperation if, there is no other legal impediment.

With the aforesaid directions, the writ petition is allowed.