Court No. - 48
Case :- APPLICATION U/S 482 No. - 7130 of 2019 Applicant :- Santosh Kumar Sahu Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Kamlesh Kumar Tiwari,Babul Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant and learned AGA for the State.
The present application u/s 482 Cr.P.C. has been filed by the applicant with the prayer to quash the order dated 20.10.2018 passed by Sessions Judge, Jhansi in Criminal Revision No. 196 of 2018 (Santosh Kumar Sahu Vs. Ghanshyam Das Sahu and others), under Section 397 Cr.P.C. and Complaint Case No. 1594 of 2016, under Sections 420, 406, 504, 323, 506, 427, 356 IPC, Police Station Kotwali, District Jhansi.
It is submitted that initially present complaint was filed by the applicant. Vide order dated 20.07.2018, opposite party nos. 2 and 3 were summoned to face the trial for the offence under Sections 323, 504 IPC. It is further submitted that criminal revision was filed by the applicants against the summoning order with the prayer to summon the opposite party nos. 2 and 3 also to face the trial for the offence under Section 420 IPC. Lower Revisional Court at the stage of admission itself dismissed the revision. Submission of learned counsel for the applicants is also that order passed by the lower revisional court is illegal. A prima facie case is also made out.
On the other hand, learned AGA opposed the prayer.
Having regard to the facts and circumstances of the case, hearing the parties and keeping in view the stage of the trial, application is disposed of at this stage itself with the observations that applicant / complainant has opportunity to raise this question before the trial court at appropriate stage i.e. at the time of recording of statement of accused / framing of charge. Thus, keeping in view the observations recorded by the lower revisional court, grounds taken in the application are not sufficient to allow the application.
Accordingly, the present application is dismissed.
Order Date :- 25.2.2019 Sanjeet