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Rajesh Kumar Panchal vs S Judge And Others

High Court Of Judicature at Allahabad|29 November, 2019
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JUDGMENT / ORDER

Court No. - 55
Case :- CRIMINAL REVISION No. - 1474 of 1992 Revisionist :- Rajesh Kumar Panchal Opposite Party :- S.Judge And Others Counsel for Revisionist :- S.K. Chaturvedi Counsel for Opposite Party :- A.G.A.,R.K. Sangloo
Hon'ble Pradeep Kumar Srivastava,J.
None is present in the revised list from the side of revisionist to press this revision. Learned A.G.A. is present.
The revision is pertaining to the year 1992 and till date, it is still awaiting admission.
This criminal revision has been filed against the judgment and order dated 23.07.1992, passed by Sessions Judge, Jhansi in Criminal Revision No. 74 of 1991 (Chhotelal and others vs. State of U.P. and others) setting aside the summoning order dated 25.04.1991, passed by Judicial Magistrate-II, Jhansi, in Case No. 101 of 1991 by which the opposite parties no. 2 to 5 were summoned for the offence under Sections 323, 504 and 452 I.P.C.
By the impugned judgment, the learned Sessions Judge has found the order of the Magistrate as well as the complaint on which the Magistrate passed the order, suffered from inherent absurdity and improbabilities. In the impugned order learned Sessions judge has further recorded that in all four accused persons, three were ladies and the Magistrate failed to have read the first information report lodged by the complainant. The learned Sessions Judge also found that in the first information report lodged at the police station, the only allegation was that four accused persons abused the complainant ans when he objected, they tried to beat him. The witnesses saved him. There was no allegation that the complainant was assaulted by lathi by accused no. 1 or the accused persons chased him into his house and assaulted him there.
In view of finding given by the learned Sessions Judge, I do not find any material illegality, irregularity, impropriety or jurisdictional error in the impugned order. The revision lacks merit and is liable to be dismissed.
Accordingly, the revision is dismissed. Interim order, if any, stands vacated.
Order Date :- 29.11.2019 sailesh
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Title

Rajesh Kumar Panchal vs S Judge And Others

Court

High Court Of Judicature at Allahabad

JudgmentDate
29 November, 2019
Judges
  • Pradeep Kumar Srivastava
Advocates
  • S K Chaturvedi