Court No. - 44
Case :- MATTERS UNDER ARTICLE 227 No. - 4803 of 2018 Petitioner :- Anuj Kumar Srivastava And Another Respondent :- State Of U.P. And Another Counsel for Petitioner :- Puneet Bhadauria Counsel for Respondent :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Puneet Bhadauria, learned counsel for the petitioners and the learned A.G.A. for the State.
The petition under Article 227 of Constitution of India has been filed challenging the order dated 3.2.2018, passed by the Additional Chief Judicial Magistrate, Court No. 8, Allahabad in Complaint Case No. 3831 of 2017 (Anuj Kumar Srivastava and another vs. Shyam Ji Swarnakar) as well as the order dated 28.6.2018, passed by the Additional District and Sessions Judge Court No. 16, Allahabad in Criminal Revision No. 45 of 2018 (Anuj Kumar Srivastava and another vS. Shyam Ji Swarnakar), P.S. Dhoomanganj, District Allahabad, whereby the aforesaid revision filed by the petitioner in challenge to the order dated 3.2.2018, has been dismissed.
Learned counsel for the petitioners submits that the judgement and order dated 28.6.2018 passed by the Revisional Court is totally unsustainable in law inasmuch as the reasoning recorded in the order of the revisional court relate to the proceedings where summoning of the accused is involved, whereas, in the present case, the complaint filed by the petitioner was dismissed in exercise of power under Section 203 Cr.P.C. The Revisional Court has not adverted to the facts about the propriety of the order passed by the Magistrate, whereby, the complaint filed by the complainant was rejected by the Magistrate on account of the absence of the witnesses to be adduced by the petitioner on one single date. In view of the above, the order dated 28.6.2018, passed by the revisional Court is unsustainable in law and fact. Accordingly, the order dated 28.6.2018 passed by the revisional Court is quashed. The petition is allowed and the matter is remanded to the revisional Court for decision afresh.
With the aforesaid directions, the petition is allowed.
Order Date :- 26.7.2018 Arshad