Since the petitioner's counsel was absent and the lower court's order dated 10.3.2008 was based on evidence with no apparent illegality, this High Court dismissed the criminal miscellaneous writ petition challenging the summons in a domestic homicide FIR.
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Court No. - 28
Case :- CRIMINAL MISC. WRIT PETITION No. - 13745 of 2010
Petitioner :- Shafaqat Begh Respondent :- State Of U.P. & Another Counsel for Petitioner :- Mohd. Shabbir Counsel for Respondent :- Govt. Advocate,Nisar Uddin
Hon'ble Umesh Chandra Tripathi,J.
List has been revised.
Learned counsel for the petitioner is not present to argue this petition.
This petition has been filed to quash the judgment and orders dated 10.3.2008 passed by the Metropolitan Magistrate, Court No.7, Kanpur Nagar in Case No.32 of 2007, Smt. Rajia Parveen Vs. Shafaqat Begh and 13.5.2010 passed by the Sessions Judge, Kanpur Nagar in Criminal Revision No.133 of 2010, Shafaqat Begh Vs. Smt. Rajia Parveen.
Vide order dated 13.5.2010 revision was dismissed in default. Vide order dated 10.3.2008 Shafaqat Begh was summoned for offences under Sections 498A, 323, 506, IPC & 3/4 D.P. Act on statement of complainant under Section 200, Cr.P.C. and his witnesses under Section 202, Cr.P.C.
Although learned counsel for the Opposite Party No.2 and learned A.G.A. contended that there is no illegality in the impugned orders passed by the court below.
Although revision can be dismissed in default, but order dated 10.3.2008 is passed on the basis of evidence on record. I find no illegality in the impugned order dated 10.3.2008.
Accordingly, writ petition is dismissed.
Order Date :- 23.5.2018 T. Sinha
2 issues framed by the court
Whether to quash the judgment and orders dated 10.3.2008 passed by the Metropolitan Magistrate in Case No.32 of 2007.
Whether to quash the order dated 13.5.2010 passed by the Sessions Judge dismissing revision in default.
Shafaqat Begh
State Of U.P.
Another
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
