The High Court dismissed an application under Section 482 Cr.P.C. seeking quashing of a remand order. Holding that no fresh ground for interference existed and the matter involved disputed questions of fact, the court declined to review the order [].
Application under Section 482 Cr.P.C. dismissed; remand order stands maintained.
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Court No. - 93
Case :- APPLICATION U/S 482 No. - 16478 of 2020
Applicant :- Kamal Singh And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Shamim Ahmed,J.
Heard learned counsel for the applicants as well as learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed to set aside the impugned order dated 26.08.2020 passed in Criminal Revision No.95 of 2019 arising out of Complaint Case No.1483 of 2019, under Sections 420, 406, 504 I.P.C. & 3/6 D.P.Act, Police Station Babugarh, District Hapur, pending in the Court of learned Sessions Judge, Hapur.
Learned counsel for the applicants submits that O.P. No.2 filed a complaint case before the court of learned Magistrate wherein, in the complaint it has been stated that the marriage of the son of applicant no.1 Kamal Singh was fixed with the daughter of O.P. No.2 and some small celebration was also done. After sometime applicant no.1 denied the marriage and demanded dowry of Rs.5-00 lac and one Swift Dezire Car. O.P.No.2 expressed his inability to give the dowry as demanded by applicant no.1. Thereafter, the discussion was made in front of some relatives of O.P. No.2. After long arguments the matter was not settled and the marriage could not be solemnized.
Being aggrieved, O.P. No.2 filed a complaint case. before the learned Magistrate. After the complaint was filed, O.P. No.2 examined himself under Section 200 Cr.P.C. before the learned Magistrate and supported the version of the complaint. Thereafter the witnesses were examined under Section 202 Cr.P.C. who had supported the version of the complaint.
Learned Magistrate after completing the proceeding and thereafter considering the evidence and the statements recorded under Sections 200 and 202 Cr.P.C., vide order dated 02.08.2019 rejected the complaint filed by O.P. No.2 under Section 203 Cr.P.C.
Being aggrieved by the order dated 2.8.2019, the opposite party no.2 preferred a criminal revision before the court of learned
Sessions Judge, Hapur. Further, the learned Sessions Judge considering the evidence on record and the genuineness of the case that the complaint was filed totally on the frivolous ground vide order dated 26.8.2020 partly allowed the revision and remanded the matter to the learned Magistrate for reconsidering the matter and pass a fresh order.
Being aggrieved by the order dated 26.8.2020 passed by the revisional court this application under Section 482 Cr.P.C. has been filed.
After going through the impugned order, this Court does not find any fresh ground for interference in the impugned order and simply the matter has been remanded to the court below to consider the same on merits. Thus, it is the trial court to pass a fresh order after considering the material available on record.
Learned counsel for the applicants could not point out any legal question involved in the case and to justify the illegality in the impugned order and further matter relates to disputed question of fact which cannot be adjudicated by this Court exercising power under Section 482 Cr.P.C.
In view of the above, the application under Section 482 Cr.P.C. has no force and the same is accordingly dismissed.
Order Date :- 16.12.2020 mt
3 issues framed by the court
Whether Section 482 Cr.P.C. can be invoked to challenge a remand order passed by the revisional court.
Whether the impugned order involves any illegality or requires interference by the High Court.
Whether the matter involves disputed questions of fact which cannot be adjudicated under Section 482 Cr.P.C.
4 provisions across 2 enactments
Kamal Singh
4 Others
Hon'ble Shamim Ahmed,J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
