Court No. - 45
Case :- CRIMINAL REVISION No. - 5354 of 2009 Revisionist :- Bhajan Lal Opposite Party :- State Of U.P. & Another Counsel for Revisionist :- K.M. Mishra Counsel for Opposite Party :- Govt. Advocate
Hon'ble Siddharth,J.
This revision is directed against the order dated 21.10.2009 passed by the Special Judge (D.A.A.), Court No.1, Etawah in Special Case No.103 of 2009, P.S. Civil Lines, District Etawah.
The impugned order shows that the revisionist lodged a first information report against opposite party No.2 under Sections 395, 427, 504, 506, IPC. This was registered as Case Crime No.308-A of 2007 at P.S. Civil Lines, District Etawah. After investigation a final report No.99 of 2007 was submitted by the Investigating Officer and notices were sent to the revisionist for filing objection thereon. He could not appear on the date fixed for filing objection and therefore, the final report was accepted. On the same day the court below has directed that a report under Section 182, 211, IPC may be registered against the revisionist and the case may be treated as complaint and he has been summoned.
The argument is that the impugned order has been passed without recording any finding as to how the court has arrived at the satisfaction that the case for registration of report under Section 182/211, IPC is made out. The order is a mechanical order passed without application of mind and without recording any reasons for passing such an order. Learned counsel for the revisionist has submitted that the revisionist did not wanted to contest the case further and therefore, he did not took much interest in filing the objection, but this does not necessarily implied that the offence under Section 182/211, IPC was committed by him.The order passed by the court below is absolutely illegal and deserves to be quashed.
A perusal of the order impugned shows that by the same order the final report submitted by the police has been submitted and on the same date by the same order the direction for lodging report under Section 182/211, IPC has been issued. There is no reason recorded for such a course adopted by the court below. Without reasons the order cannot be sustained.
In view of above, order dated 21.10.2009 passed by the court below is quashed. The revision is allowed.
Order Date :- 17.9.2018 T. Sinha