Court No. - 45
Case :- CRIMINAL REVISION No. - 3849 of 2009 Revisionist :- Ramesh Chandra Jain Opposite Party :- State Of U.P. Counsel for Revisionist :- K.K. Nirkhi Counsel for Opposite Party :- Govt. Advocate
Hon'ble Siddharth,J.
List has been revised.
None appears on behalf of the revisionist.
Heard learned A.G.A. on behalf of the opposite party.
This Criminal Revision has been preferred against the order dated 04.08.2009 passed in Case No. 489 of 2008 (State vs. Ramesh Jain) in Case Crime No. 3 of 2008 under Section 182 I.P.C., Police Station- Moolgunj, District- Kanpur Nagar passed by M.M. VIII, Kanpur Nagar by which the learned Magistrate, accepted the final report in Case Crime No. 3 of 2008 under Section 380/506 I.P.C. and on the basis of first information report lodged by revisionist summoned the revisionist (complaint) under Section 182 I.P.C.
A perusal of the order of the court below shows that it has summoned the applicant without applying its mind and recording reasons for the same under Section 182 I.P.C. The summoning order passed by the court below is not in accordance with law.
The order of the court below is manifestly illegal and is hereby quashed. It is open for the court below to pass fresh order in accordance with law within the period of two months.
The office is directed to communicate this order for compliance the court order within two weeks.
This revision is accordingly disposed of.
Order Date :- 24.9.2018 Rohit