Court No. - 12
Case :- MATTERS UNDER ARTICLE 227 No. - 8714 of 2018 Petitioner :- Shailesh Kumar Chaubey Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner and learned A.G.A.
Present petition has been filed for setting aside the impugned order dated 23.10.2018 passed by Additional Sessions Judge, Court No. 5, Azamgarh in Criminal Revision No. 126 of 2017 (Shailesh Kumar Chaubey vs. state of U.P. and others) as well as impugned order dated 13.06.2017 passed by Chief Judicial Magistrate, Azamgarh in Misc. Application No. 36 of 2017, under sections 156(3) Cr.P.C., Police station-Sidhari, District Azamgarh.
Case of the petitioner is that one unknown person along with Sarita Singh had kidnapped his daughter for which he has filed an application under Section 156(3) Cr.P.C. which has been rejected by Chief Judicial Magistrate, Azamgarh vide order dated 12.01.2017 against which petitioner has filed revision before Additional Session Judge-V, Azamgarh and the revisional court vide order dated 23.10.2018 affirmed the order of CJM.
I have perused the records as well as order of CJM and Additional Session Judge, Azamgarh.
In the complaint, it is stated that on 3.122016 the accused kidnapped the daughter of the petitioner namely Fatima @ Dipika Chaubey but in the order of CJM, it has been mentioned that accused Fatima @ Dipika Chaubey and another has filed Writ-C No. 59801 of 2016 and obtained order dated 22.12.2016 and in the said writ petition, she has already shown to be major. It is further mentioned in the order of CJM that on the date of incident, victim was major and in a position to know about her interest and rejected the application under Section 156(3) Cr.P.C. Revisional Court in its order dated 23.10.2018 has considered each and every fact and thereafter affirmed the earlier order of CJM dated 13.06.2017.
Therefore, under such facts and circumstances, I have found no illegality in the order of CJM dated 13.06.2017 as well as order of Additional Session Judge dated 23.10.2018. The petition is accordingly, dismissed.
Order Date :- 30.11.2018 Sartaj