Court No. - 55
Case :- APPLICATION U/S 482 No. - 42952 of 2018 Applicant :- Javed Ahamad Opposite Party :- State Of Up And 2 Ors Counsel for Applicant :- Pavan Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
The present application under Section 482 Cr.P.C. has been filed for quashing the order dated 25.08.2018 passed by Additional Sessions Judge, F.T.C. court no.1, Ghazipur in Criminal Revision No.16 of 2017 and order dated 08.11.2016 passed by Chief Judicial Magistrate, Ghazipur in complaint case no.1686 of 2014.
Learned counsel for the applicant submitted that the applicant moved a complaint against opposite parties no.2 and 3 on 24.04.2014 and alleged therein that on 13.04.2012 at about 9.00 A.M. when he reached at the school of the opposite parties no.2 and 3 for depositing the school fees and at that time he moved an application for concession of fees because his two children were studding in the school but opposite parties have not accepted the application of the applicant and they have abused him and insulted with religion based words. The said complaint was registered as complaint case no.1086 of 2014. The Magistrate recorded the statements of witnesses namely Seem Khaton and Hashim Siddiue on 31.07.2012 under Section 202 Cr.P.C. but Magistrate has rejected the complaint under Section 203 Cr.P.C. on 08.11.2016 in arbitrary manner and without considering the facts and circumstances of the case. Being aggrieved by the order dated 08.11.2016 applicant preferred a revision before the Sessions Judge, Ghazipur on 01.02.2017. The Additional Sessions Judge/F.T.C. no.1, Ghazipur dismissed the revision of the applicant by order dated 25.08.2018 and simply confirmed the order passed by Chief Judicial Magistrate, Ghazipur.
He further submitted that bare perusal of the complaint and statements of the witnesses and other document available on record shows that it is sufficient to establish that opposite parties have committed offence as alleged in the complaint. The impugned order passed by the court below is illegal and unjust.
Per-contra learned A.G.A. vehemently opposed the submissions made by the learned counsel for the applicant and submitted that after considering the statements recorded under Section 202 Cr.P.C. and other material on record the court below has found that no case is made out against opposite party no.2. Therefore, complaint has rightly been rejected under Section 203 Cr.P.C. by the Magistrate concerned. The revisional court has also considered entire facts and material on record and passed a detail order.
I have heard learned counsel for the applicant and learned A.G.A. for the State and perused the impugned order.
After perusal of the statements recorded under Sections 200 and 202 Cr.P.C. it appears that both the witnesses are relatives of the complainant and no independent witnesses were examined. There are no specific allegations that who has beaten. If someone had been beaten then there would an medical report. There is no medical report on record to support the versions of the complaint.
After hearing the learned counsel for the applicant, learned A.G.A. and after perusing the orders impugned as well as averments made in the present application, I am of the opinion that learned counsel for the applicant could not point out any legal infirmity in the orders impugned or any ground which may warrant any interference by this Court.
The application is accordingly dismissed. Order Date :- 28.11.2018 Asha (Chandra Dhari Singh,J.)