Court No. - 68
Case :- MATTERS UNDER ARTICLE 227 No. - 2936 of 2019 Petitioner :- Akbar Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Dhirendra Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Chandra Dhari Singh,J.
Learned counsel for the petitioner submitted that the learned Additional Chief Judicial Magistrate, Ghaziabad without considering the facts of the case rejected the complaint of the petitioner vide order dated 20.8.2014. The petitioner filed Crl. Revision bearing No. 256 of 2014. Vide order dated 10.10.2018, the revision was also dismissed by the revisional court.
Learned counsel appearing for the petitioner submitted that the Revisional Court as well as Chief Judicial Magistrate without verifying the record and without perusing the case and without considering the entire material on record passed the impugned orders and while passing the impugned orders the courts below have not complied with his judicial mind.
Per contra learned A.G.A. appearing for the State vehemently opposed the submission and submitted that the concerned Magistrate as well as the revisional court after considering the entire facts of the matter and the evidence on record found that no prima facie case is made against the respondents. The revisional court passed a detailed order after considering each and every aspect of the case and did not find any error in the order passed by the Chief Judicial Magistrate. The learned A.G.A. further submitted that in both the orders there are no illegality and, therefore, the present petition moved under Article 227 of the Constitution of India has no merit and accordingly it may be dismissed.
I have heard learned counsel appearing for the petitioner as well as learned A.G.A. appearing for the State and perused the record.
The learned Judicial Magistrate, while passing the impugned order dated 10.10.2016 has considered the entire allegation made in the complaint as well as the evidence on record, found that no evidence is available on record which may establish the prima facie case against the respondent as alleged in the complaint. The revisional court also after passing the detailed order has not found any illegality or error in the order impugned.
In view of the above, I do not find any illegality or impropriety in the orders impugened passed by the Judicial Magistrate as well as Additional Sessions Judge, Ghaziabad in Complaint Case No. 959 of 2014 and in the Criminal Revision No. 256 of 2014.
In view of the above, the petition is accordingly dismissed.
Order Date :- 26.4.2019 Manish Tripathi