Held that the learned Magistrate could not entertain the defence at this stage. The legality in the order rejecting the application u/s 245 Cr.P.C. was found, resulting in the dismissal of the revision.
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Court No. - 28
Case :- CRIMINAL REVISION No. - 366 of 2015
Revisionist :- Sandeep Tiwari And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- P.K. Singh Counsel for Opposite Party :- Govt.Advocate
Hon'ble Umesh Chandra Tripathi,J.
List has been revised. None is present from the side of the revisionists to argue the revision.
This revision has been preferred against the order dated 31.10.2014 passed by Judicial Magistrate, Iglas, Aligarh, whereby the application of the accused-revisionist under Section 245 Cr.P.C. was rejected.
This revision has been filed on the ground that the complaint version is prima facie uncredible. The complaint has been filed maliciously, with false allegation.
Perused the impugned order. The learned Magistrate has mentioned in the impugned order that at this stage, defence of accused cannot be entertained. Whether allegation of complainant is false or true, this fact shall be decided on the basis of evidence adduced by both the parties.
In view of above, I find no illegality in the impugned order passed by the court below.
Accordingly, the instant revision is dismissed .
Order Date :- 27.4.2018 I. Batabyal
1 issue framed by the court
Whether the learned Magistrate was correct in rejecting the application to quash the proceedings u/s 245 Cr.P.C. without entertaining the defence.
1 provisions across 1 enactments
Sandeep Tiwari and 3 Others
State Of U.P.
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
