Court No. - 55
Case :- MATTERS UNDER ARTICLE 227 No. - 8807 of 2018 Petitioner :- Veerendra Pal Respondent :- State Of U.P. And Another Counsel for Petitioner :- Mayank Bhushan Nath Tripathi Counsel for Respondent :- G.A.
Hon'ble Chandra Dhari Singh,J.
The instant petition has been filed for quashing of the judgment and order dated 24.04.2018 passed by respondent no.2 in Criminal Revision No. 97 of 2017 (Veerendra Pal Vs. State of U.P.), Complaint Case No. 231 of 2016, under section 203 Cr.P.C. P.S. Akbarpur, District Kanpur Dehat.
Learned counsel for the petitioner has drawn the attention of the court towards the ordersheet annexed with the paper book from page 22 to 30 and submitted that he always remain present in the court for recording his statement under section 200 Cr.P.C. but the learned Magistrate has not recorded the same. He has not appeared on three dates before the court below and the court has given finding that the petitioner has not appeared before the court concerned for the purpose of recording his statement under section 200 Cr.P.C. therefore, he is not interested to pursue the present complaint case and the learned Magistrate without appreciating the facts and the material available on record passed the order impugned, which deserves to be set aside. That order was challenged in the revision and the revisional court too has given finding that the petitioner has not appeared before the court concerned 14 times for the purposes of recording his statement under section 200 Cr.P.C. and rejected the revision.
Learned Additional Government Advocate vehemently opposed the contentions raised on behalf of the petitioner.
I peruse the entire record available, ordersheet and the order of the Magistrate as well as the revisional Court. After perusal of the record and the impugned orders passed by the courts below, it reflects that the petitioner has been given several opportunities for recording his statement under section 200 Cr.P.C. and he took time again and again.
In view of above, I do not find any merit in this petition. Accordingly this petition is dismissed.
Order Date :- 27.11.2018 Prajapati [Chandra Dhari Singh, J]