In Criminal Revision No. 297 of 2022, the Allahabad High Court condoned the delay in filing the revision and dismissed the petition. The court found no legal infirmity in the order summoning the accused under Section 498 IPC instead of Section 376 IPC.
The prayer for quashing the impugned order is refused and the revision is dismissed.
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Court No. - 83
Case :- CRIMINAL REVISION DEFECTIVE No. - 297 of 2022
Revisionist :- Malti Devi Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Rajpal Singh Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
ORDER ON DELAY CONDONATION APPLICATION NO.1 OF 2022
For the reasons stated in the affidavit accompanying the delay condontion application, cause shown is sufficient.
Delay in filing the instant revision is condoned.
Accordingly, the delay condonation application is allowed.
ORDER ON MEMO OF REVISION
Heard learned counsel for the revisionist, learned A.G.A. and perused the material on record.
The present revision has been field for setting aside the order dated 07.03.2022 passed by learned Additional Chief Judicial Magistrate, Court No.02, District Fatehpur in Complaint Case No. 1566 of 2020 (Malti Devi Vs. Raju Maurya) under Section 498 I.P.C. Police Station Hussainganj, District Fatehpur, whereby the learned Magistrate has summoned the accused/opposite party no.2 under Section 498 I.P.C. instead of Section 376 I.P.C.
After hearing the learned counsel for the parties and after perusing the order impugned, this Court is of the opinion, that learned counsel for the revisionist could not point out any legal infirmity in the order which may warrant any interference by this Court in exercise of powers conferred under revisional jurisdiction.
Accordingly, the prayer for quashing the impugned order is refused.
The instant revision lacks merit and is dismissed.
Order Date :- 25.7.2022 S.Ali
Digitally signed by SHAUKAT ALI Date: 2022.07.28 16:27:38 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the High Court should interfere with the order summoning the accused under Section 498 IPC instead of Section 376 IPC.
Whether any legal infirmity exists in the impugned order warranting revisional interference.
State of U.P.
Another
Gautam Chowdhary
Shaukat Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
