Court No. - 1
Case :- MATTERS UNDER ARTICLE 227 No. - 1539 of 2018 Petitioner :- Ram Nayan Rai Respondent :- State Of U.P. And 2 Ors. Counsel for Petitioner :- Man Bahadur Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Man Bahadur Singh, learned counsel for the applicant and Sri Ashish Pandey, learned AGA for the State.
This application under Article 227 has been preferred with the prayer to set aside the impugned judgment and order dated 31.10.2017 (annexure-10) passed by learned Additional Sessions Judge, Court No. 1, Azamgarh in Criminal Revision No. 23 of 2016(Ram Nayan Rai v. State of U.P. and others) and judgment and order dated 10.1.2016 (annexure-8) passed by Judicial Magistrate, Court No. 25, Azamgarh in Criminal Application No. 244 of 2015 (Ram Nayan Rai Vs. Ram Ashray Singh and another) under Section 156(3) Cr.P.C. With further prayer to direct the learned Judicial Magistrate, Court No. 25, Azamgarh to decide the application under Section 156(3) Cr.P.C. moved by the petitioner afresh and to pass appropriate order within a stipulated period.
Learned counsel for the applicant submits that the learned Magistrate has misused his powers under Section 156 (3) Cr.P.C. and has treated the application to be a complaint. Thereafter, against the said order passed by J.M., Court No. 25, Azamgarh, the applicant filed a revision no. 23 of 2016 before the District Judge, Azamgarh, which was later on transferred to the Additional Sessions Judge, Court No. 5, Azamgarh who heard the same but the court was vacant for sometime and the revision of the applicant was transferred to Additional Sessions Judge, Court No. 1, Azamgarh without any information/ notice to the learned counsel for the revisionist and the same was rejected in absence of the counsel vide order dated 31.10.2017. Hence, this application has been filed to challenge both the aforesaid orders.
Learned AGA opposed the prayer for quashing of the impugned orders as the same do not suffer from any illegality.
Considering the submissions of learned counsel for the parties, I am of the opinion that the impugned orders do not suffer from any illegality or infirmity nor it can be said to be an abuse of the process of Court. Hence, no interference is called for by this Court in the present application under Article 227.
The present application lacks merit. It is, accordingly, dismissed.
Order Date :- 29.3.2018 A.K.Srivastava