Court No. - 41
Case :- CRIMINAL REVISION No. - 3088 of 2018 Revisionist :- Smt. Munni Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Krishna Kumar Yadav,Jawahir Yadav Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the revisionist, learned AGA for the State and perused the record.
The revisionist, Smt. Munni, has preferred this revision against the order dated 30.7.2018 passed by learned Additional Session Judge, Court No. 8/Special Judge (POCSO Act), Bulandshahr in Complaint Case No. 07 of 2017 (Munni vs. Ansar and others) under sections 323, 452, 354 IPC & 8 POCSO Act whereby the application of revisionist was dismissed on the ground that section 257 Cr.P.C. would be applicable to summon triable case only before the court of Magistrate and its provision does not apply to the Court of Sessions as contained under Chapter XX of the Criminal Procedure Code.
The offences mentioned above are not triable as a summon case and Section 257 Cr.P.C. is applicable for summon case only which are mentioned under Chapter XX Cr.P.C.
This Court finds no illegality, impropriety, material irregularity or jurisdictional error in the impugned order. No interference is called for. The present revision lacks merit and is liable to be dismissed.
The revision is, accordingly, dismissed.
Order Date :- 12.9.2018 Puspendra