This court dismissed the writ petition under Article 227 seeking quashing of orders dismissing a protest petition and a revision. The court found no illegality, perversity, or infirmity in the lower court orders, holding that interference was not warranted.
No relief granted; petition dismissed for lack of merit.
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Court No. - 85
Case :- MATTERS UNDER ARTICLE 227 No. - 1481 of 2021 Petitioner :- Sushil Kumar Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Bhanu Prakash Verma Counsel for Respondent :- G.A.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
The present petition has been filed for quashing the order dated 9.08.2018 passed by Chief Judicial Magistrate, Mathura in Misc. Case No.1518 of 2018 (Sushil Kumar Vs. Tej Singh and others), Case Crime No.1120 of 2016, under Sections 395, 452, 504 and 506 IPC, P.S. Goverdhan, District Mathura as well as order dated 2.02.2021 passed by Sessions Judge, Mathura in Criminal Revision No.352 of 2018 (Sushil Kumar Vs. State of U.P. and others.
Learned counsel for the petitioner submitted that with regard to incident dated 27.10.2016 an first information report was lodged pursuant to an order passed on application moved by petitioner under section 156(3) Cr.P.C. He further submits that during investigation the police has recorded the statements of witnesses and collected materials however upon completion of investigation, the police has submitted final report on 3.12.2016. Aggrieved the petitioner has filed a protest petition, which was dismissed by the C.J.M. concerned vide order dated 9.8.2018 accepting the final report submitted by police report. Being aggrieved by the said order, the petitioner preferred a revision before the District and Sessions Judge, Mathura, which was also dismissed vide order dated 2.02.2021.
However, apart from aforesaid learned counsel for the petitioner could not point out any illegality, perversity or infirmity with the findings as recorded in the orders impugned. In the impugned order there is a finding that from the C.D.R. of mobile number, it came in the knowledge that the location of alleged accused who was not there whereas on the other hand the story narrated by the revisionist is not sustainable.
After hearing the learned counsel for the petitioner, learned A.G.A. and after perusing the order impugned as well averments made in the present petition, this Court is of the opinion, that there is no illegality, perversity or infirmity in the order impugned which may warrant any interference by this Court.
Accordingly, the petition lacks merit and is dismissed.
Order Date :- 9.9.2021/Tamang
1 issue framed by the court
Whether the order of C.J.M. dismissing protest petition and order of S.J. dismissing revision warrant interference under Article 227.
2 provisions across 2 enactments
Sushil Kumar
State Of U.P.
Gautam Chowdhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
