Court No. - 17
Case :- CRIMINAL REVISION No. - 480 of 1991 Revisionist :- Smt. S. Devi Opposite Party :- State Counsel for Revisionist :- R.S. Yadav Counsel for Opposite Party :- A.G.A.,H.C. Saxena
Hon'ble Suresh Kumar Gupta,J.
List has been revised. None appeared on behalf of revisionist.
Previously notice was sent to revisionist but as per office report, the same is unanswered and as the revision is very old so it will be decided on its merit.
The revision has been filed against the summoning order dated 11.02.1991 passed by IX A.C.J.M., Aligarh in Criminal Case No. 3137 of 1990 (Kamlesh Vs. Shyam Lal Etc.) thereby summoning the revisionists to face trial under Section 498-A I.P.C.
I have heard learned A.G.A. for the State and perused the material available on record.
Main ground of the revisionist is that statement of witnesses under Section 200 and 202 Cr.P.C. shows that no offence is made out against the revisionist and as such it is clear that summoning order has been passed by learned A.C.J.M. in a mechanical manner without any application of mind. That order dated 11.02.1991 is not a speaking order and order of summoning dated 11.02.1991 is bad in law. That summoning order amounts to harassment of the revisionist as the revisionist is still ready to keep opposite party no. 2 with him but she is not interested for the same. Hence, in these circumstances, revision may be allowed and summoning order dated 11.02.1991 including complaint and entire proceedings of aforesaid case number may be quashed.
Having heard learned A.G.A. and perusal of the record shows that after recording the statement of victim-opposite party no. 2 as well as after recording statement under Section 202 Cr.P.C., court below has passed the order dated 11.02.1991. There is no irregularity or illegality in the order of court below. Court below has rightly exercised its jurisdiction and after full appreciation of fact, summoned the accused-revisionist under Section 498-A I.P.C. Hence, revision is being devoid of merit and liable to be dismissed.
On above terms, criminal revision is, accordingly, dismissed. Stay order, if any, stands vacated.
A copy of this order be communicated to the court below for necessary compliance.
Order Date :- 25.2.2019 Vibha Singh