Babalu and 5 Others v. State of U.P. and Another

Court No. - 81 Case :- MATTERS UNDER ARTICLE 227 No. - 9404 of 2023 Petitioner :- Babalu And 5 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Imtiyaj Ali Counsel for Respondent :- G.A. Hon'ble Mrs. Jyotsna Sharma,J.

¶1None responds for the petitioners.

¶2Heard learned AGA and perused the papers on record.

¶3This petition has been filed challenging the judgment and order dated 05.08.2023 passed in Criminal Revision No.111 of 2022, Anjum Bano vs. State of UP & others whereby, the summoning order was set aside and the learned Trial Court was directed to pass an order afresh in the light of observations of the revisional court.

¶4Perusal of the papers demonstrate that on the basis of the evidence given under Section 200 and 202 CrPC, three persons namely, Jamaluddin, Noorjahan Begum and Mahboob Ansari were summoned on a complaint filed by opposite party no.2. This may be noted at the very outset that none of them is a petitioner herein. That order was challenged by opposite party no.2 by means of filing a revision. The revisional court set aside the summoning order and directed the court below to pass an order afresh.

¶5The petitioners cannot said to have any grievance against the impugned order as admittedly no order against them is in existence. In my view, no case for interference is made out and this petition is therefore, dismissed. Order Date :- 6.12.2023 Priya High Court of Judicature at Allahabad