Court No. - 65
Case :- CRIMINAL REVISION No. - 1766 of 2019 Revisionist :- Narvada Prasad And 4 Ors. Opposite Party :- State Of U.P. And Anr. Counsel for Revisionist :- Sanjay Rajpoot Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This criminal revision is directed against the judgment and order dated 30.3.2019 passed by the Addl. Sessions Judge/ F.T.C.-Ist, Kaushambi in Criminal Revision No. 124 of 2015, Smt. Lavlesh Kumari versus State of U.P. and others, District Kaushambi.
Heard learned counsel for the revisionists, learned AGA and perused the record.
Learned counsel for the revisionists has not been able to point out any illegality, impropriety or incorrectness much less than any abuse of the court's process which may persuade this Court to interfere in the impugned order passed by the lower revisional court which reflects judicial application of mind. The entire facts and circumstances of the case have been gone into by the lower revisional court. Adequate reasonings have been adopted and it is well reasoned order. In the opinion of the lower revisional court cognizable offences were discerned from the allegations made in the application under section 156(3) Cr.P.C. The findings regarding the guilt or innocence of the accused can not be arrived at without registering the F.I.R. and investigating the same. There is hardly any scope to enter into those aspects prior to the registration of the F.I.R. Therefore, the submission of the counsel so far as it relates to the guilt or innocence of the accused, does not hold much water. The impugned order does not contain any such flaw or element of perversity on the basis of which this Court may feel persuaded to substitute the view taken by the lower revisional court by its own. Moreover, this revision on behalf of the proposed accused appears to be not maintainable in the light of the law laid down by the Full Bench of this Court in the case of Father Thomas vs. State of U.P., 2011 Crl.J. 2278 All. At any rate, this Court has gone through the impugned order and even on merits it does not call for any interference by this Court.
The revision lacks merit and stands dismissed.
Order Date :- 30.4.2019 CPP/-