Court No. - 48
Case :- CRIMINAL REVISION No. - 295 of 2019 Revisionist :- Gulfam And 2 Ors.
Opposite Party :- State Of U.P. And Anr.
Counsel for Revisionist :- Shweta Pandey,Punita Pandey Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
This criminal revision has been filed with the prayer to quash the order dated 16.11.2018 passed by the First Additional Chief Judicial Magistrate, Amroha rejecting the application u/s 245(2) CrPC in complaint case no. 880 of 2018 under Sections 498-A, 323, 504, 506 IPC and 4 D.P. Act.
Heard learned counsel for the revisionist and the learned AGA and perused the record.
It appears that earlier the revisionist had approached this Court through application u/s 482 CrPC which was disposed of directing the revisionist to appear before the Court concerned and apply for bail. It further appears that in compliance of the said order the revisionist appeared and obtained bail and just thereafter moved an application under Section 245(2) CrPC, which was rejected vide the impugned order posting the matter for evidence under Section 244 CrPC. Since in the present matter evidence under Section 244 CrPC has not been recorded, applicants have opportunity to move application under Section 245(2) CrPC after recording the evidence under Section 244 CrPC. Hence, at this stage, it cannot be said that the impugned order is illegal. There is no infirmity or illegality in the said order. The application being devoid of merits is liable to be dismissed and the same is accordingly dismissed at this stage.
Order Date :- 22.1.2019 safi