Court No. - 68
Case :- CRIMINAL REVISION No. - 2201 of 2019 Revisionist :- Tejpal Opposite Party :- State Of Up And 6 Ors Counsel for Revisionist :- Rajan Srivastava,Rekha Pundir Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the parties and perused the record.
This criminal revision has been preferred against the judgment and order dated 03.04.2019 passed by Additional Sessions Judge, Court No. 11, Muzaffarnagar, in Criminal Revision No. 256 of 2018 (Mangeram and others v. State of U.P. and others), allowing the revision against the order dated 27.01.2018 passed by Judicial Magistrate, Budhana, Muzaffarnagar, in Complaint Case No. 795/9 of 2015 (Tejpal v. Mangeram and others), under Sections 420, 467, 468, 504, 506 of I.P.C., Police Station - Budhana, District - Muzaffarnagar. Vide order dated 27.01.2018, accused-opposite party nos. 2 to 7 - Mangeram , Mangal Sain, Gaja, Prem Chand, Shobha Sen and Jogendra were summoned under the aforesaid sections. Vide order dated 03.04.2019 passed by the revisional court, order dated 27.01.2018 passed by the Magistrate concerned was set aside and the matter was remanded for passing fresh orders.
Learned counsel for the revisionist contended that although the matter has been remanded to the Magistrate concerned for passing fresh orders, even so, the revisional court has observed that it is a case of civil dispute between the parties.
As the matter has been remanded to the Magistrate concerned, it is expected from the learned Magistrate to pass fresh orders without being influenced by the order of this Court or of the revisional court.
Accordingly, I find no abuse of the process of court.
In the result, the instant revision stands dismissed summarily.
However, it is directed that learned Magistrate shall pass fresh orders expeditiously, in compliance of the judgment and order dated 03.04.2019 passed by the revisional court in the revision without being influenced by the observations, if any, made by the revisional court or by this Court.
Order Date :- 31.5.2019 I. Batabyal