APPLICATION U/s 482 No. 3099 of 2024 at Allahabad

1 A.F.R. Reserved on: 28.02.2025 Delivered on: 05.04.2025 Court No. - 46 Case :- APPLICATION U/S 482 No. - 3099 of 2024 Applicant :- Abhishek Mishra @ Pintu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijay Kumar Pandey Counsel for Opposite Party :- Ashok Kumar Gupta,G.A. Hon'ble Rajiv Gupta,J. Hon'ble Samit Gopal,J. (Per Samit Gopal, J.) 1. A reference has been made by learned Single Judge in paragraph 13 of an order dated 13.03.2024 which reads as under:- "13. In this view of the matter, judicial propriety demands that this matter be referred to a Larger Bench to decide these questions: (i) Whether the dismissal of complaint u/s 138 of the Act, 1881 for want of prosecution will amount to acquittal u/s 256(1) Cr.P.C., and same can be challenged in appeal u/s 378(4) Cr.P.C., or is that order reviseable u/s 397 Cr.P.C.? (ii) Whether the case of Vinay Kumar (supra) has been correctly decided by holding that against the dismissal of complaint u/s 138 of the Act, 1881, appeal lies u/s 378(4) Cr.P.C. ,not the revision?" 2. Vide order dated 18.04.2024 Hon’ble The Chief Justice has constituted the present Larger Bench in the matter. 3. Heard Shri Vijay Kumar Pande