Court No. - 28
Case :- CRIMINAL REVISION No. - 861 of 2015 Revisionist :- Ale Hasan And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Jai Singh Yadav Counsel for Opposite Party :- Govt.Advocate
Hon'ble Umesh Chandra Tripathi,J.
List has been revised.
Learned counsel for revisionists and learned A.G.A. for State.
This criminal revision has been preferred against the order dated 03.12.2014 passed by Additional Civil Judge (J.D.)/Judicial Magistrate, Nazibabad, Bijnor in Complaint Case No. 1092/2011 (Shahnaj Vs. Ale Hasan & others), whereby application of revisionist under Section 245 (2) Cr.P.C. for discharge, has been rejected.
As per prosecution version, opposition party no. 2 Smt. Shahnaz was married with Ale Hasan in the Year 1999. After her marriage, she was subjected to cruelty for demand of dowry. On 01.07.2011, accused person assaulted on her.
Learned counsel for revisionists contended that there is no allegation of demand of dowry in complaint.
Learned A.G.A. contended that there is no illegality in the impugned order passed by learned trial court.
Learned trial court has passed impugned order on the basis of materials available on record.
In view of above, I find that there is no illegality in the impugned order passed by learned trial court.
Accordingly, instant criminal revision is dismissed.
However, in view of law laid down by Hon'ble Apex Court in the case of Rajesh Sharma and others Vs. State of U.P. and another reported in 2017 0 AIR (SC) 3869, learned Magistrate is directed to refer the case to mediation centre at District Court Bijnor within 15 days from the date of receipt of certified copy of this order.
The mediation centre shall submit its report within one month from the date of receipt of the case before the learned Magistrate.
Till the submission of report by the mediation centre, no coercive action shall be taken against the revisionists.
Order Date :- 27.4.2018 Sharad/-