In this criminal revision against a High Court order rejecting a complaint under Section 203 Cr.P.C., the Bench dismissed the case at the admission stage on the grounds of an available alternative remedy in a competent civil court.
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Court No. - 90
Case :- CRIMINAL REVISION No. - 674 of 2022
Revisionist :- Braham Kant Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Pradeep Verma Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Learned counsel for the revisionist is present.
This revision has been preferred against the judgement and order dated 30.10.2021 passed by the Chief Judicial Magistrate, Mathura in Complaint Case No. 1247 of 2019 (Braham Kant Vs. Secretary, U.P. Shasan and others) under Sections 329, 325, 166, 166Ka, 499 and 500 I.P.C., Police Station Highway, District Mathura. By the impugned order, the complaint of the revisionist has been rejected under Section 203 Cr.P.C.
Admittedly, against the impugned order revision lies before the District Judge. As the alternative remedy is available to the revisionist and he can avail the same so, the present revision is dismissed at the stage of admission on the ground of alternative remedy available to him.
Order Date :- 2.3.2022 gp
Digitally signed by GANESH PRAKASH Date: 2022.03.03 14:16:39 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the revision is maintainable under Section 397 Cr.P.C. when an alternative remedy exists.
Braham Kant
State Of U.P.
Sadhna Rani (Thakur)
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
