Court No. - 77
Case :- APPLICATION U/S 482 No. - 47146 of 2019 Applicant :- Mobin Beg Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anwar Mehdi Zaidi Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Supplementary affidavit, filed today, is taken on record.
Heard learned counsel for the applicant and learned A.G.A. representing the State. Perused the records.
This application under Section 482 Cr.P.C. has been filed with prayer to quash the impugned order dated 21.08.2019, passed by revisional court / District & Sessions Judge, Farrukhabad in Criminal Revision No. 89 of 2019 (Zareen Khan Versus State of U.P. and others).
Learned counsel for the applicant argued that it was a malicious prosecution, filed against a dead person, and this was under knowledge of complainant, even then, summoning order was passed and revision was filed by complainant. Learned revisional court has set aside impugned summoning order. It has remanded back file to Magistrate concerned for complying the order, whereas applicant is Jeth, having no concern with occurrence. The complainant took entire alleged articles with her and there remained no cause of action, but with a view to harass, this complaint has been filed. Hence, this application with above prayer.
Learned A.G.A. has vehemently opposed the application.
From the perusal of impugned order, it is apparent that impugned summoning order was set aside i.e. revisional court had set aside the impugned summoning order and had remanded file to Magistrate for considering afresh i.e. nothing has been adjudged by Sessions Judge against the applicant. Rather, Magistrate is to decide about summoning as afresh and if the order of Session Judge is being set aside, then the same order of Magistrate will revive, wherein a dead person has been summoned, which can never be a legal and valid situation. Hence, this application merits its dismissal.
Accordingly, the application is dismissed. Order Date :- 20.12.2019/NS