Court No. - 34
Case :- CRIMINAL REVISION No. - 1279 of 1997 Revisionist :- Smt.Kiran Opposite Party :- State Of U.P. And Others Counsel for Revisionist :- A.K.Awasthi,Manish Tiwari Counsel for Opposite Party :- Govt. Advocate
Hon'ble Sudhir Agarwal,J.
1. Heard Sri Manish Tiwari, learned counsel for revisionist, learned AGA appearing for State and perused the record.
2. This criminal revision under Section 397/401 Cr.P.C. has been filed aggrieved by the judgment dated 09.07.1997 passed by VIII Additional Sessions Judge, Etawah in Criminal Revision No. 52 of 1997 allowing the criminal revision and set aside the order of Additional Chief Judicial Magistrate-IV, Etawah passed in Criminal Case No. 177 of 1994 by which respondnets-2 and 3 were summoned vide order dated 21.11.1994.
3. On a complaint made by revisionist against respondents-2 and 3 under Section 406, 498A, 506 IPC and Section 3/4 Dowry Prohibition Act, the Magistrate after recording statement under Section 200 and 202 Cr.P.C. summoned accused-revisionist by order dated 05.03.1997 and this order has been set aside by the VIII Additional Sessions Judge, Etawah holding that no offence under Section 406 IPC is made out even the complaint and evidence on record are taken to be true.
4. Learned counsel for revisionist drew attention to averments made in the complaint. However, he could not dispute that it was a matrimonial dispute and material given to the groom for marriage is not attributable under Section 406 IPC in any manner.
5. In view of above, I do not find any manifest error or otherwise illegality, procedural or otherwise, so as to justify interference in criminal revision.
6. Dismissed. Interim order, if any, stands vacated.
7. Certify this judgment to the lower Court immediately.
Order Date :- 26.9.2019 Ashish Pd.