Court No. - 49
Case :- CRIMINAL REVISION No. - 1870 of 2018 Revisionist :- Deepak Bhargav Opposite Party :- State Of U.P. And 8 Ors.
Counsel for Revisionist :- Pramod Bhardwaj,Vinay Kumar Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned AGA for the State.
The present criminal revision has been filed to quash the order dated 26.02.2018 passed by the learned Addl. City Magistrate, Jhansi in Case No. 72 of 2017 (Deepak Bhargav Vs. Sri Ravi Kumar Agarwal and others), under Section 145 Cr.P.C., Police Station- Prem Nagar, District- Jhansi.
Learned counsel for the applicant submits that while the learned Addl. City Magistrate, Jhansi has taken note of first part of the police report wherein the applicant was found to be in possession over the land with respect to which proceedings under Section 145 Cr.P.C. were sought to be drawn up, however, he has overlooked the latter part of the police report wherein it has been specifically mentioned that there is state of unrest prevailing between the parties and that both parties had been reported under Section 107/116 Cr.P.C.
It is thus submitted that if the learned Magistrate would have considered the latter part of the police report also, he would have passed a preliminary order under Section 145 Cr.P.C. and would have taken consequential steps.
In view of such facts, no useful purpose would be served in keeping the present revision pending any further or issuing notice to the opposite parties.
The order dated 26.02.2018 passed by the learned Addl. City Magistrate, Jhansi is set aside and the matter is remitted to the Addl. City Magistrate, Jhansi to decide the application afresh, in accordance with law, after taking note of the entire police report and the facts noted there.
The present revision is disposed of with the aforesaid direction.
Order Date :- 31.5.2018 A. Singh