Court No. - 53
Case :- APPLICATION U/S 482 No. - 6018 of 2003 Applicant :- Rizwan Ahmad & Others Opposite Party :- State Of U.P. & Another Counsel for Applicant :- Jameel Ahmad Azmi Counsel for Opposite Party :- Govt. Advocate,L.C. Yadav,Shivasare Saroj
Hon'ble Siddharth,J.
This application is directed against the revisional order dated 30.6.2003 passed by the Incharge Sessions Judge, Azamgarh in Criminal Revision No. Nil of 2003, whereby the revisional court has refused to interfere with the summoning order passed by the trial court in Complaint Case No.376 of 2002, Azra Bano Vs. Rizwan Ahmad & others, under Sections 498-A, 504, 506, IPC read with Section 3/4 Dowry Prohibition Act, P.S. Bilariaganj, District Azamgarh on the ground of maintainability in view of the law laid down by this Court in the Full Bench Judgment in the case of Ranjeet Singh Vs. State of U.P. and others, 2000 Crl. Law Journal 2738. At present the above view of this Court does not find support from the Apex Court Judgment in the case of Om Kumar Dhankar Vs. State of Haryana, Laws (SC) 2012-2-74.
In view of above, revisional order dated 30.6.2003 passed by the revisional court is set aside. Matter is remanded back to the revisional court to hear and decide the revision again in accordance with law.
Application is allowed.
Order Date :- 15.9.2018 T. Sinha