This petition under Articles 226 and 227 of the Constitution of India is filed by the petitioner challenging the order dated 28.04.2011 passed by the learned Additional Sessions Judge, Gondal in Criminal Revision Application No.10 of 2011 by which order dated 17.01.2011 passed by learned J.M.F.C, Gondal in Criminal Inquiry No.54 of 2010 dismissing the private complaint under section 203 of the Code of Criminal Procedure, 1973, came to be quashed and set aside.
2. Having heard learned advocates for the parties and on perusal of the record of the case, including the orders passed by the courts below, no justifiable reason has been assigned by the revisional court to allow the revision application and to upset well reasoned order passed by the learned Magistrate. The dispute revolves around the Deed of Family Partition and family partition took place in the year 1998-99. Barring that no specific allegation reveals in the complaint.
3. Considering the facts and circumstances of the case, I am of the opinion that the revisional court erred in reversing the well reasoned order passed by the learned Magistrate. Accordingly, order dated 28.04.2011 passed by the learned Additional Sessions Judge, Gondal in Criminal Revision Application No.10 of 2011 is hereby quashed and set aside.
This petition is allowed to the aforesaid extent.
[Anant S. Dave, J.] *pvv Top