Ved Vyash Mishra v. State of U.P. and Another

Court No. - 93 Case :- APPLICATION U/S 482 No. - 39802 of 2023 Applicant :- Ved Vyash Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Janardan Prasad Tripathi Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.

¶1Heard Sri Janardan Prasad Tripathi, learned counsel for the applicant and Sri Pushpendra Singh Jadon, learned A.G.A. for the State.

¶2The present application under Section 482 Cr.P.C. has been filed for quashing the order dated 01.09.2023 passed by the Additional Sessions Judge, Court No.15, Allahabad in Criminal Revision No.95 of 2021 as well as order dated 06.02.2021 passed by Judicial Magistrate-I, Allahabad in Criminal Misc. Case No.1164 of 2021, under Section 156(3) of Cr.P.C.

¶3A preliminary objection has been raised by learned A.G.A. as per order of the Apex Court passed in the case of Radhey Shyam Vs. State of U.P. reported in (2015) 5 SCC 423, wherein it is observed that all the judicial orders will be challenged under Article 227 of the Constitution of India.

¶4This Court is of the view that Hon'ble Apex Court clearly observed in the aforesaid judgment that all the judicial orders will be challenged in the supervisory jurisdiction of the High Court under Article 227 of the Constitution of India, therefore, judicial orders should normally be challenged under Article 227 of the Constitution of India. However, Hon'ble Apex Court in the case of Prabhu Chawla Vs. State of Rajasthan and another, (2015) 17 SCC (562) observed that alternative remedy is not a bar to exercise jurisdiction u/s 482 Cr.P.C. in exceptional case. Therefore, in exceptional case application u/s 482 Cr.P.C. may be entertained against judicial order in the interest of justice.

¶5In the present case, the applicant could not make out the case of exceptional nature, which could persuade this Court to exercise its inherent power under Section 482 Cr.P.C.

¶6In view of the above legal position, applicant is permitted to file Petition under Article 227 of the Constitution of India for challenging the impugned judicial orders.

¶7With the aforesaid observation, the present application is dismissed.

¶8Certified copy of the impugned order, if any, may be returned to learned counsel for the applicant after retaining xerox copy of the same. Order Date :- 30.10.2023 A.Kr. High Court of Judicature at Allahabad