Court No. - 55
Case :- CRIMINAL REVISION No. - 4000 of 2018 Revisionist :- Suresh Chand Opposite Party :- State Of U.P. And 5 Others Counsel for Revisionist :- Piyush Dubey Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the revisionist and learned A.G.A. for the State.
This criminal revision has been filed against judgement and order dated 08.08.2018 passed by Additional Sessions Judge, court no.3/Special Judge, Dacoity Affected Area, Agra in complaint case no.146 of 2017, under Sections 302/34,395,452,504 and 506 I.P.C., P.S. Lohamandi, District Agra whereby complaint filed by the revisionist has been dismissed under Section 203 Cr.P.C.
Learned counsel for the revisionist submitted that the impugned order has been passed without considering the material and evidence available on record. The court below has wrongly discarded the statement of P.W.1 and P.W.3 who are independent witnesses and are neighbour of the revisionist.
He further submitted that after perusal of the evidence on record, it cannot be be said that no case is made out against the respondents no.2 to 6. The impugned order has been passed ignoring the statement recorded under Sections 200 and 202 Cr.P.C. therefore the impugned order passed by the court below is without applying judicious mind.
Learned A.G.A. vehemently opposed the submission made by learned counsel for the revisionist and submitted that the court below has rightly rejected the application filed by the revisionist. The court below has passed the impugned order after considering the facts and circumstances of the case and evidence on record.
A perusal of the statements recorded under Sections 200 and 202 Cr.P.C. and evidence on record shows that learned counsel for the revisionist has failed to show any illegality in the impugned order or same was passed without jurisdiction.
I do not find any merit in the present revision. The revision is accordingly dismissed.
Order Date :- 27.11.2018 Asha (Chandra Dhari Singh,J.)