Court No. - 86
Case :- CRIMINAL REVISION No. - 861 of 2016 Revisionist :- Ramtek Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Mahendra Pal Singh Chauha Counsel for Opposite Party :- G.A.,Manoj Kumar Srivastava
Hon'ble Umesh Kumar,J.
Heard learned counsel for the parties and perused the record.
This criminal revision has been filed to challenge the order dated 1.2.2016 passed by Additional Session Judge, Court No.9, Aligarh, in Criminal Revision No. 38 of 2015 (Chaman Vs. State and Another). By the impugned judgment the Revisional Court has set-aside the order dated 2.12.2014 passed by Additional Chief Judicial Magistrate Court No.6, Aligarh. Being aggrived the revisionist-opposite party no.2 has filed the present revision.
Brief facts giving rise to present revision are that revisionist- complainant- Ramtek lodged an F.I.R. against accused-opposite party no.2. Chaman under Section 279, 338, 304 A I.P.C. After investigation the charge-sheet was submitted against accused. Thereafter the concerned Magistrate Court took cognizance of the offence and examined the complainant as P.W.-1 and recorded his statement. On 27.10.2014 an application was moved by the prosecution to the effect that from the statements of the complainant it was a case of murder but to save their skin the offence has been shown as an accident and it was prayed that offence be converted as murder case and case be committed to the Court of Sessions. After hearing the parties, the Court concerned has allowed the above application vide order dated 2.12.2014 accepting the offence to be murder committed the case to the Court of Sessions. Aggrieved by the said order the accused Chaman filed Criminal Revision No. 38 of 2015 which was ultimately allowed matter was referred to the concerned Court of Magistrate for deciding afresh after affording opportunity of hearing to both the parties. Being aggrieved by the order the revisionist has moved the present revision.
Having heard and gone through the impugned order, I do not find any manifest error or otherwise illegality, procedural or otherwise, so as to justify interference in criminal revision.
Dismissed. Interim order, if any, stands vacated. Certify this judgment to the lower Court immediately.
Order Date :- 29.7.2021 S.Verma