Court No. - 40
Case :- APPLICATION U/S 482 No. - 22393 of 2019 Applicant :- Shailendra Rastogi @ Pooran And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sudhanshu Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants and learned A.G.A. for State of U.P.
Present application under section 482 Cr.P. C has been filed against the order order 8.5.2019 passed by Additional Session Judge (V) Bareilly in Criminal Misc. Case No. 3800445 of 2019, arising out of complaint case No. 3434 of 2018, under section 379, 406, 506 I.P.C. P.S. Qila, District, Bareilly.
Brief facts of the case are that the O.P. No.2 has filed a complaint alleging there in that the applicants had borrowed a sum of Rs. 15000/- on the assurance that he would return the same within 15-20 days but the same has not been returned. Furthermore, the applicants had sold golden bangles for a sum of Rs. 35000/- which in fact were not of pure gold and has also alleged that certain jewelleries have also been stolen by the applicants. On the basis of the said allegation made in the complaint, learned magistrate recorded the statements of the witnesses under section 200 and 202 Cr.P.C. and summoned the applicants to face trial under section 379.406. 506 I.P.C. vide order dated 24.8.2018. The applicants could not get knowledge about passing of the aforesaid order and when they came to know about the said order dated 24.8.2018 they have preferred revision against the said order, however, by the time the said revision was preferred mandatory period of limitation has already been expired as such the said criminal revision was accompanied by an application under section 5 of Limitation Act with prayer to condone the delay and decide the revision on its merit. On 30.4.2019, the said revision was placed before the Additional Session Judge, Court No. 5/Special Judge Gangsters Act, Bareilly who vide order dated 30.4.2019 allowed the delay condonation application by imposing a cost of Rs. 500/- and the delay was condoned and the matter was directed to be placed before the Session Judge, Bareilly on 8.5.2019.
On 8.5.2019 when the matter was taken up before the Session Judge, the applicants did not deposit the sum of Rs. 500/- and also did not appear to press the revision as such Misc. case was dismissed in default vide order dated 8.5.2019. Against the said order the present application under section 482 Cr.P.C. has been filed.
From perusal of the order, it is evident that on account of non-payment of cost of Rs. 500/- and non-appearance of the applicants to press the revision, Misc. Case/Revision has been dismissed and the matter has been relegated to the trial court without deciding the revision on merit.
It is settled principle of law that the revision under section 397/401 Cr.P.C. can not be dismissed in default and has to be decided on merits. However, in the present case on non-deposition of Rs. 500/- and absence of the revisionists though Misc. Case has been dismissed but consequent to the said order the revision also stands dismissed but not on merit and the matter has been relegated to the court of magistrate to proceed further.
In the peculiar facts and circumstances of the case, the order dated 8.5.2019 is set-aside and the matter is remanded to the revisional court for deciding the revision on merits provided the applicants deposit the cost of Rs. 500/- within ten days from today.
With the above observations, the Criminal Misc. Application filed under section 482 Cr.P.C. is disposed of finally.
Order Date :- 6.6.2019 R