Court No. - 48
Case :- APPLICATION U/S 482 No. - 13907 of 2018 Applicant :- Parshuram And 3 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Nanhe Lal Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application u/s 482 of Cr.P.C. has been moved on behalf of applicants seeking the quashing of order dated 22.01.2018 passed by the Additional Sessions Judge (F.T.C.-I), Lalitpur in Criminal Revision No.148 of 2016 (Smt. Kiran Devi vs. State of U.P. and others), relating to complaint case no.680 of 2015 (Smt. Kiran vs. Parshuram and others), u/s 147, 323, 504, 506, 452 I.P.C., P.S.-Jakhlaun, District-Lalitpur, whereby the revisional court has allowed the revision and quashed the order dated 09.9.2016 whereby the accused were discharged u/s 245(2) Cr.P.C., and the revisional court also directed the Magistrate to pass order on merits after giving opportunity to the complainant to adduce evidence u/s 244 Cr.P.C.
Heard learned counsel for the applicants and learned A.G.A. and also perused the record.
Learned counsel for the applicants has not been able to point out any such illegality much less than any abuse of court's process which may persuade this Court to interfere in the impugned order. It appears that the lower revisional court was of the view that further opportunity ought to have been provided to other side to adduce evidence. The order passed by the lower revisional court cannot be said to be suffering from any element of perversity. The court of the Magistrate in its discretion did not want to give further opportunity and the lower revisional court has decided to grant the same. This Court does not propose to substitute the revisional court's discretion by its own.
The application lacks merit and therefore the same stands dismissed.
Order Date :- 24.4.2018 M. Kumar