High Court dismissed criminal revision under Section 203 Cr.P.C. against trial court order dismissing complaint due to unnatural allegations in domestic dispute case, finding no illegality.
Revision dismissed; impugned order of trial court dismissing complaint under Section 203 Cr.P.C. upheld.
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Court No. - 28
Case :- CRIMINAL REVISION No. - 2965 of 2016
Revisionist :- Chhote Lal Opposite Party :- State Of U.P. And 6 Others Counsel for Revisionist :- Diwakar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for revisionist and learned A.G.A. for the State.
This criminal revision has been filed against the order dated 08.08.2016 passed by Additional Chief Judicial Magistrate, Court No. 12, Fatehpur in Misc. Case No. 2425/2015, under Section 203 I.P.C., Police Station Kotwali, District Fatehpur (Choote Lal Vs. Ravindra Kumar and others) whereby complaint of revisionist under Section 203 Cr.P.C. has been dismissed.
As per prosecution version, on 17.10.2015, at about 5:00 a.m. accused Ravindra Kumar Pal, Vikas Pal, Vivek Pal, Smt. Manju Pal, Smt. Geeta Pal and Bhanu Pratap entered into the house of complainant/revisionist Chotte Lal. Vikas Pal and Vivek Pal attacked on Chotte Lal with hockey stick and other persons attacked on Chotte Lal with kicks and fists, due to which Chotte Lal sustained injuries. They have looted some ornaments and Rs.7 lacs cash from his residence and got signature of complainant/revisionist on stamp paper.
Learned trial court after enquiry held that statement of complainant under Section 200 Cr.P.C. is totally against the allegation in complaint and found complaint is unnatural and abuse of the process of court.
Learned A.G.A. contended that there is no infirmity or error in the impugned order passed by learned trial court.
Learned Magistrate has specifically mentioned that there is domestic dispute between the parties. From the perusal of order, I am of the considered view that there is no illegality in the impugned order passed by learned trial court.
Accordingly, instant criminal revision is dismissed .
Order Date :- 2.4.2018 Sharad/-
2 issues framed by the court
Whether the impugned order dismissing the criminal complaint under Section 203 Cr.P.C. suffers from any illegality.
Whether there is an infirmity or error in the order passed by the trial court in a domestic dispute case.
2 provisions across 2 enactments
Chhote Lal
State Of U.P.
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
