Court No. - 55
Case :- CRIMINAL REVISION No. - 3263 of 2018 Revisionist :- Saim Ali Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Ram Janam Singh Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the revisionist, learned A.G.A. for the State and perused the record.
Present revision has been filed to summon the lower court record and to set-aside the judgment and order dated 19.7.2018 passed by the learned ACMM-VIII, Kanpur Nagar in complaint case no. 27827 of 2017 (Saim Ali Vs. Hridyesh and others) under Sections 120B, 364, 504, 506 IPC, P.S. Gwaltoli, District Kanpur Nagar and to summon the opposite party no. 2 in the aforesaid case.
In the present case revisionist had filed a complaint case i.e. case no. 27827 of 2017 against the opposite party no. 2 and two other persons namely Abhishek Singh and Puneet Kumar Tripathi alleging therein that the said persons have kidnapped the sister of revisionist namely Noorjahan. In the aforesaid case, the learned Magistrate after recording the statements under Section 200 and 202 Cr.P.C. vide order dated 19.7.2018 summoned Abhishek Singh and Puneet Kumar Tripathi and exonerated Hirdyesh as no case was made out against him. Aggrieved by the the said order dated 19.7.2018, present revision has been filed before this Court.
On 9.10.2018 this Court has directed the learned AGA to seek instructions in the matter with regard to whereabouts of the revisionist's sister Noorjahan. On the matter being taken up today a sealed cover envelope has been produced before the Court and after perusal of the instructions sent by the concerned police and other documents enclosed therein, it is apparent that Noorjahan has life threat from her parent and, therefore, she does not want to disclose her identity and address to them. After perusal of the instructions, so received, it is crystal clear that Noorjahan is living happily with Hridyesh as his wife and she does not want to return at her parental house.
The said sealed cover envelope is taken on record and after perusal, same is again sealed. It is made clear that without permission of the Court the said sealed cover envelope be not opened by anyone.
In view of the above, issue notice to opposite party no. 2 Hridyesh returnable within four weeks.
List this case on 10.1.2019.
Opposite party no. 2 is directed to file counter affidavit in the matter by the next date fixed and shall produce Noorjahan before this Court for recording her statement in person. It is also made clear that in case opposite party no. 2 Hridyesh and Noorjahan have life threat from anyone, they may move an application before the SSP concerned for providing adequate security to them for appearance before this Court and in case such an application is moved SSP concerned is directed to ensure compliance of this order.
Order Date :- 29.11.2018 Shekhar [Chandra Dhari Singh, J.]