Court No. - 68
Case :- MATTERS UNDER ARTICLE 227 No. - 2337 of 2019 Petitioner :- Vinod Kumar Jain Respondent :- Indrabhan Jain And 4 Others Counsel for Petitioner :- Hitesh Pachori
Hon'ble Umesh Chandra Tripathi,J.
This writ petition has been filed against the judgment and order dated 2.3.2019 passed by 16th Additional Sessions Judge, Agra in Criminal Revision No. 302 of 2018 (Vinod Kumar Jain Vs. Indrabhan Jain and others) whereby revision was allowed and order dated 23.3.2018 passed by learned Magistrate in Complaint Case No. 4259 of 2017 (Vinod Kumar Vs. Anil Kumar and others) was set aside. By the order dated 23.3.2018 accused Anil Kumar and Sudhir Kumar were summoned for the offence punishable under Section 420 IPC.
Learned counsel for the petitioners contended that the order summoning the co-accused Anil Kumar and Sudhir Kumar was not challenged before the revisional court. By the order dated 23.3.2018, petitioners Indrabhan Jain, Pawan Kumar Jain and Hemant Kumar Jain were not summoned. For their summoning revision has been filed but revisional court also quashed the summoning order against co-accused Anil Kumar and Sudhir Kumar holding that no offence is made out against any of the accused, which is not sustainable.
Although, by the order of revisional court, matter has been remanded to the concerned Magistrate to pass order afresh. Only grievance of the petitioners are that revisional court recorded finding that no offence is made out. Magistrate is not bound by the inference either of the revisional court or of this Court.
In view of above, this criminal revision stands dismissed.
However, Magistrate concerned is directed to pass fresh order in compliance of the order dated 2.3.2019 passed by the revisional court without being influenced by the inferences of the revisional court or of this Court.
Order Date :- 30.4.2019 Jaswant