Court No. - 44
Case :- APPLICATION U/S 482 No. - 33951 of 2018 Applicant :- Ravi And 2 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Keshari Nath Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicants, learned AGA and perused the record.
By means of the present criminal misc. application u/s 482 Cr.P.C. the applicants are targeting the order dated 31.08.2018 passed by Additional Sessions Judge, Court No. 2, Saharanpur in Criminal Revision No. 316 of 2017 arising out of Case No. Nil of 2017 (Smt. Sanjo Vs/ Ravi and others) under section 156 (3) Cr.P.C., P.S. Sadar Bazar, District Saharanpur.
Submission made by counsel for the applicants that the opposite party no. 2, namely, Smt. Sanjo has moved an application under section 156(3) Cr.P.C. against the applicants before the Additional Sessions Judge, Court No. 2, Saharanpur under section 498A, 328, 323, 504 and 3/4 D.P. Act. The said application was moved on 13.09.2017 and the learned Magistrate vide order dated 27.09.2017 was pleased to pass an order that the application u/s 156(3) Cr.P.C. may be treated as complaint case and persuaded like that.
Aggrieved by this, Smt. Sanjo (opposite party no. 2) has filed a Criminal Revision No. 316 of 2017 challenging the order dated 27.09.2017 by which her application u/s 156(3) Cr.P.C. was treated as complaint case. The learned Additional Sessions Judge vide judgement and order dated 31.08.2018 was pleased to allow the Revision and quashed the order dated 27.09.2017 and remand back the case for fresh consideration in the light of certain guidelines mentioned in his judgment. The learned counsel for the applicants has challenged the order dated 31.08.2018 passed by learned Additional Sessions Judge, Court No. 2, Saharanpur.
After hearing the argument, I find that the matter should have been remanded back to the Additional Sessions Judge, Saharanpur for a fresh consideration.
The application u/s 482 Cr.P.C. is misconceived and accordingly, dismissed.
Order Date :- 29.10.2018 Nisha