Court No. - 65
Case :- CRIMINAL REVISION No. - 1722 of 2019 Revisionist :- Mukesh Sharma Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Ashok Kumar Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This criminal revision has been filed against the judgement and order dated 06.4.2019 passed by learned Additional Sessions Judge 3rd/Special Judge (DAA), Agra in Misc. Application No. 372 of 2019, Gajendra Kumar Sharma vs. Mukesh Sharma, under Section 156(3) Cr.P.C. whereby the learned court below has allowed the application moved by the opposite party no. 2 and directed the Station Officer of the concerned police station to register an F.I.R. and to investigate the matter.
Heard learned counsel for the revisionist and learned A.G.A. for the State. Perused the record.
Learned counsel for the revisionist has been fair enough to admit that the revisionist is a prospective accused and the application moved by the opposite party no. 2 under Section 156(3) Cr.P.C. has been allowed and a direction to register an F.I.R. and investigate the matter has been made.
Learned A.G.A. has pointed out that the revisionist is the prospective accused in the application moved under Section 156(3) Cr.P.C. and therefore, this revision is not maintainable in the light of the law laid by the Full Bench of this Court in the case of Father Thomas v. State of U.P., 2011 CrLJ 2278 All.
Counsel for the revisionist has not been able to give any adequate reply to the objections raised by learned A.G.A.
Therefore the revision stands dismissed as not maintainable.
Order Date :- 29.4.2019 Naresh