Court No. - 66
Case :- MATTERS UNDER ARTICLE 227 No. - 5433 of 2019 Petitioner :- Waseem And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashutosh Counsel for Respondent :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the petitioners and learned A.G.A.
The present writ petition has been filed for setting aside the impugned order dated 18.6.2019 in Criminal Revision no. 89 of 2019 arising out of Crl. Misc. Case no. 313 of 2019, u/s 156(3) Cr.P.C. (Sageer vs. Waseem and another), P.S. Nagfani, District Moradabad passed by learned District and Session Judge, Moradabad.
Learned counsel for the petitioners submits that the impugned order passed by the lower Revisional court is patently illegal. He has submitted that the order passed by learned Judicial Magistrate dated 12.4.2019 was perfectly justified in view of the fact that the F.I.R. from the side of the applicant had already been registered vide Crime no. 113 of 2018 and chargesheet was laid against the respondent no. 3 and one more accused and thus, there was no justification for directing the registration of fresh F.I.R. on the application moved by the respondent no. 3 and same was accordingly rejected. The respondent no. 3 aggrieved by the aforesaid order preferred revision before the Session Judge, who after considering the fact that the version setup in the application u/s 156(3) Cr.P.C. moved by the respondent no. 3 is infact counter version to the F.I.R. lodged by the applicant and relying on the judgment of this Court in Smt. Sumitra Devi vs. State of U.P. and another, 2007 Pra. Ni. Pra. 611 (Crl.), set aside the impugned order and directed the concerned Magistrate to decide the matter in question afresh in accordance with law.
I have carefully gone through the impugned order passed by the lower Revisional court. I do not find any illegality or irregularity inasmuch as the learned Judge has merely remanded the matter back for considering it afresh in accordance with settled proposition of law and he had not directed for any registration of the F.I.R. or to take into account the observation made in the aforesaid order.
The present writ petition lacks of merit and the same is, accordingly, dismissed.
Order Date :- 26.7.2019 Dhirendra/