The High Court disposed of a criminal revision filing by the revisionist regarding the rejection of a Section 156(3) application, directing him to file a complaint under Section 190 Cr.P.C. instead as an efficacious remedy.
Criminal revision disposed of; revisionist directed to file complaint under Section 190 Cr.P.C.
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Neutral Citation No. - 2023:AHC:235891
Court No. - 82
Case :- CRIMINAL REVISION No. - 5188 of 2023
Revisionist :- Raj Kumar Bansal Opposite Party :- State Of U.P. And 7 Others Counsel for Revisionist :- Neeraj Srivastava,Alpika Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ms. Nand Prabha Shukla,J.
Heard learned counsel for the revisionist, learned counsel for opposite party no.2, learned A.G.A for the State and perused the record.
The present criminal revision has been filed against the order dated 02.08.2023, passed by Chief Judicial Magistrate, Mathura in Misc. Case No.467 of 2023 (Raj Kumar Bansal v. Rukmani Mandal and 6 others), under sections 420, 467, 468, 471, 120B I.P.C., P.S. Vrindavan, District Mathura.
Learned counsel for the revisionist states that his application under Section 156 (3) has been rejected without application of mind. Being aggrieved with the aforesaid order, the present criminal revision has been preferred by learned counsel for revisionist.
Having considered the aforesaid facts and circumstances the learned counsel for the revisionist accepts that there is an alternative efficacious remedy of lodging complaint under section 190 Cr.P.C.
In view of above, the criminal revision is disposed of with a direction that in case the revisionist moves an application u/s 190 Cr.P.C., the same may be considered in accordance with law.
Order Date :- 13.12.2023 A.N. Mishra
Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the rejection of the Section 156(3) application warrants criminal revision or if the petitioner should pursue Section 190 Cr.P.C.
Raj Kumar Bansal
State Of U.P.
Rukmani Mandal
Others
Nand Prabha Shukla
A.N. Mishra
As recorded by the court registry
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