Court No. - 66
Case :- CRIMINAL REVISION No. - 4417 of 2019 Revisionist :- Sahib And 4 Others Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Chandra Bhan Kushwaha Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the revisionists and learned AGA.
Present criminal revision has been filed against the judgment and order dated 17.9.2019 passed by IX Addl. Session Judge, Budaun in Criminal Revision No. 25 of 2019, Sitara vs. Sahib and others, by which the revisional court has set aside the judgment dated 22.1.2019 passed by A.C.J.M./First Addl. Civil Judge (S.D.) Budaun in Complaint Case no. 1939 of 2018, Smt. Sitara vs. Sahib and others, u/s 376, 363, 366 IPC, P.S. Kadar Chowk, District Budaun.
Learned counsel has argued that infact the opposite party no. 2 has lodged F.I.R. against the applicants u/s 363, 366, 376 IPC and after investigation final report has been submitted; the opposite party no. 2 instead of filing any protest petition has filed complaint case which has been dismissed u/s 203 Cr.P.C.; the opposite party no. 2 preferred revision which has been allowed.
In my opinion the learned Judge perfectly justified in setting aside the order dated 22.1.2019 whereby the complaint was dismissed u/s 203 Cr.P.C. in view of settled law that learned Magistrate in spite of averment in the complaint that F.I.R. has been lodged without calling any report from the police station or knowing the result of investigation had entertained the complaint and dismissed the same u/s 203 Cr.P.C.
The present revision has no force and the same is accordingly dismissed.
It is made clear that Court has not considered the merit of the case and learned Magistrate shall pass appropriate orders while taking into account the result of investigation in the F.I.R. lodged by opposite party no. 2, if final report has not been submitted then pass appropriate order in terms of Section 210 Cr.P.C.
Order Date :- 26.11.2019 Dhirendra/