Court No. - 85
Case :- CRIMINAL REVISION No. - 2084 of 2021 Revisionist :- Bhupendra Garg Opposite Party :- State of U.P. and Another Counsel for Revisionist :- R.K. Mishra Counsel for Opposite Party :- G.A.
Hon'ble Syed Aftab Husain Rizvi,J.
This criminal revision has been filed against the judgment and order dated 22.01.2022 passed by Additional Sessions Judge, court no.9, Kanpur Nagar in Criminal Revision No.265 of 2019 (Saurabh Omar vs. State of U.P. and another).
In brief the facts are that opposite party no.2 filed a complaint no.470 of 2016 (Saurabh Omar vs. Bhupendra Garg) against the revisionist. The learned Magistrate after taking evidence U/s 200 & 202 Cr.P.C. vide order dated 20.07.2019 dismissed the complaint under Section 203 Cr.P.C. Aggrieved by it the complainant filed a Revision. The learned revisional court by the impugned order has set aside the order passed by the learned Magistrate and has remanded back the matter to the learned Magistrate for reconsideration and passing fresh orders in the light of the observations made by the revisional court.
Learned counsel for the revisionist submitted that the learned Magistrate has dismissed the complaint under Section 203 Cr.P.C. by a reasoned order describing all the evidence and material on record but the learned revisional court without considering it on whimsical grounds have set aside the aforesaid order and has remanded the matter for passing fresh orders. Hence the impugned order is arbitrary and illegal. On the point of maintainability, learned counsel for the revisionist submitted that notice was issued to the revisionist by the revisional court and he was heard and he is also an aggrieved person, hence this petition is maintainable.
By the impugned order, the learned revisional court has only set aside the order of dismissal of complaint under Section 203 Cr.P.C. passed by learned Magistrate and has remitted back the matter to the learned Magistrate for reconsideration and passing appropriate orders. So from the order of the revisional court, the proceeding has not attained finality. The matter is still open. The revisionist have also not been summoned yet. Hence, at this stage, the revisionist has no locus-standi to challenge the impugned order of the revisional court, in the light of settled principles of law. This criminal revision being not maintainable and is liable to be dismissed.
Accordingly, the criminal revision is hereby, dismissed.
Order Date :- 21.12.2021 C. MANI