Court No. - 55
Case :- CRIMINAL MISC. WRIT PETITION No. - 6 of 2012 Petitioner :- Sirajuddin Khan (Deceased) & Others Respondent :- State Of U.P. & Others Counsel for Petitioner :- Shiva Kant Dubey Counsel for Respondent :- Govt. Advocate
Hon'ble Vivek Kumar Singh,J.
Heard Sri S.K.Dubey, learned counsel for the petitioners and Sri Abhinav Prasad, learned AGA appearing for the State.
The instant petition has been preferred by the petitioner with the prayer to quash the impugned judgement/order dated 27.5.2008 passed by the Chief Judicial Magistrate, Firozabad in Misc. Application No.547 of 2008, Siirajuddin Khan Vs. State of U.P. & Others as well as the order dated 22.11.2011 passed by Addl Sessions Judge, Court No.5, Firozabad passed in Criminal Revision No.147 of 2008.
The facts of the case in brief are that petitioner no.1 who is now no more in the world had moved an application under section 156(3) Cr.P.C. before the learned C.J.M.Firozabad for initiating action against respondent nos. 3 to 5 for an incident occurred on 4.6.2007 in which responders no.3 to 5 entered into the house of the petitioner and made thorough search in his house. When the petitioner asked the police about the search being carried out they hurled abusive languages upon him and his entire family members and in this manner the petitioner was subjected to great insult in the society. The petitioner had no criminal history. The learned CJM treated the application as complaint case. Being aggrieved by the order of the learned CJM, the petitioner preferred a criminal revision no.147 of 2008 before the learned Addl. Sessions Judge for quashing the order of the learned CJM dated 27.5.2008, but the said revision was also dismissed by the order dated 22.11.2011.
It is further contended that the revisional court has committed illegality and passed the order on the basis of surmises and conjectures.
I have gone through the impugned orders and find that there is no illegality or error in the aforesaid orders and therefore no interference is required in the matter and the petition is liable to be dismissed.
The petition is accordingly dismissed.
Order Date: 27.7.2018. IA