Court No. - 68
Case :- APPLICATION U/S 482 No. - 6707 of 2019 Applicant :- Girish Kumar Pandey Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Bipin Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Learned counsel for the applicant is permitted to make necessary correction in the prayer clause of the present application u/s 482 Cr.P.C.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing the impugned orders dated 19.5.2018 as well as impugned order dated 16.11.2018 passed by learned A.C.J.M. 1st, Gorakhpur as well as lower revisional court in Cr. Revision No. 79 of 2018 arising out of the case no. 1413 of 2017, under sections 419, 420, 406, 467, 468, 471 I.P.C. police station Kotwali District Gorakhpur.
The contention of learned counsel for the applicant is that the applicant has filed a complaint case no. 534 of 2005 against the opp. party no. 2. In that case the opp. party no. 2, the accused, was discharged under section 245 (2) Cr.P.C. vide order dated 23.11.2013. Thereafter, the applicant has filed a second complaint case no. 1413 of 2017 against the opp. party no. 2 under section 419, 420, 406, 467, 468, 471 I.P.C. which was dismissed by the Magistrate vide order dated 19.5.2018. The applicant has filed a criminal revision no. 79 of 2018 against the order dated 19.5.2018 which was admitted vide order dated 23.8.2018 and thereafter, the criminal revision of the applicant was dismissed in default vide order dated 16.11.2018. In fact, the applicant has filed a criminal revision which cannot be dismissed in default and the same may be decided on merit.
A perusal of the record shows that the applicant has filed a criminal revision no. 79 of 2018 against the order dated 19.5.2018 which was dismissed in default by the revisional court vide order dated 16.11.2018. Learned revisional court should decide the criminal revision on merit and it can not be dismissed in default. Learned counsel for the applicant submits that a suitable direction be issued to the revisional court to decide the revision of the applicant on merit.
In these circumstances, the order dated 16.11.2018 passed by the lower revisional court is hereby set aside and the matter is remanded back with a direction to the learned lower revisional court to decide the criminal revision no. 79 of 2018, arising out of case no. 1413 of 2017, Girish Kumar Pandey Vs. Sanjay Shri Mali, under sections 419, 420, 406, 467, 468,471 I.P.C. police station Kotwali District Gorakhpur on merit in accordance with law after giving sufficient opportunity to both parties.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 26.2.2019 Gss