Arun Kumar Upadhyay v. State of U.P and Another

Court No. - 93 Case :- APPLICATION U/S 482 No. - 39933 of 2023 Applicant :- Arun Kumar Upadhyay Opposite Party :- State Of U.P And Another Counsel for Applicant :- Ajendra Kumar Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.

¶1Heard learned counsel for the applicant and learned AGA for the State.

¶2By way of present application, the applicant has prayed to quash the entire criminal proceedings of Criminal Case No.510 of 2023 (old case no.2128 of 2015) and charge sheet dated 27.01.2015 as well as cognizance order dated 15.04.2015 and order dated

05.09.2023 passed in Revision No.172 of 2023 by Sessions Judge, Etah, arising out of case Crime No.176 of 2014, under Sections 420, 467, 468, 471 I.P.C., Police Station Kotwali Nagar, District Etah, pending in the Court of learned C.J.M., Etah.

¶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 :- 7.11.2023 Atul High Court of Judicature at Allahabad