Court No. - 50 Case :- APPLICATION U/S 482 No. - 2307 of 2022
Applicant :- Smt. Prema Devi And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Dharmendra Pratap Singh
Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for applicants at length, learned AGA for State along with learned counsel for Opposite Party No.2 and perused the record. The present application, under Section 482 Cr.P.C. has been filed by the applicant for quashing the order dated 28.10.2021, passed by Additional Sessions Judge, Court No.16, Kanpur Nagar, in Criminal Revision No. 150 of 2020, Rajesh Gupta v. State of UP and Others. It appears from the record that one Rajesh Gupta filed an application under Section 156(3) Cr.P.C. against Smt. Prema Devi, Sanjay Gupta, Smt. Manju Katiyar, Narendra Singh Katiyar, Prashant Singh and Manoj Kumar with the prayer that Police be directed to register the case on the basis of allegations made in the application and investigate the matter.
Application under Section 156(3) Cr.P.C. came to be directed to register as complaint case vide order dated 24.3.2020. There against, complainant filed a Criminal Revision No. 150 of 2020 in the Court of District and Sessions Judge, challenging the order passed by the Magistrate, registering the application as complaint case. The said revision came to be heard and decided by Additional District and Sessions Judge, Court No. 16 allowing the criminal revision vide impugned order dated 28.10.2021, which is under challenge. Neutral Citation No. - 2022:AHC:12770
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Learned counsel for applicant mainly submits that application under Section 156(3) Cr.P.C. rightly was directed to register as complaint case by the court below but revisional court without affording the opportunity to be heard to the accused-applicant herein made some
observations, due to which, Magistrate can be influenced with the observation of revisional court while passing a fresh order.
Learned AGA opposed the prayer made in this application and submitted that Magistrate directed the application under Section 156(3) Cr.P.C be registered as complaint case. Revision there against has been allowed by Additional Sessions Judge, commenting some observation and directed the Magistrate to pass a fresh order. After hearing the learned counsel for parties at length and perusing the record, I am of the view that it would be appropriate to the Magistrate to pass a fresh order on the application under Section 156(3) Cr.P.C. without being influenced with any observation, if any, made by revisional court.
Application is disposed of with the direction that in pursuance of revisional court order, Magistrate shall pass a fresh order after applying judicial mind on the application under Section 156(3) Cr.P.C., moved by complainant Sanjay Gupta without being influenced by any observation made by revisional Court in the body of its judgment. Order of revisional Court shall stand modified to this extent.
Order Date :- 8.2.2022 Akram
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