Netra Pal Singh vs State Of U.P. And Others
2011 Latest Caselaw 5293 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 25
 

 
Case :- CRIMINAL REVISION No. - 3171 of 2005
 

 
Petitioner :- Netra Pal Singh
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- Deepak Kumar Kulshreshtha
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Mrs. Jayashree Tiwari,J.

Case called out in the revised list.

Learned counsel for the revisionist is not present.   Learned A.G.A. is present.

The present criminal revision has been filed against the order passed by the learned Magistrate under section 203 Cr.P.C. whereby dismissing the complaint on the ground that there was ill will and enmity between the parties due to some civil litigation and the complaint has been filed merely to harass the opposite parties. 

The learned lower court has held that from the evidence adduced under sections 200 and 202 Cr.P.C., no prima facie case is made out against the accused and, therefore, rejected the complaint under section 203 Cr.P.C.

In this connection I have gone through the order passed by the learned lower court. The Magistrate has followed the procedure prescribed and has applied his judicial mind.  Apparently, no error or irregularity appears to have been committed by the learned lower court in the order so passed more so when the learned counsel for the revisionist is not present to press his revision.  The revision has, therefore, no force in itself and is liable to be dismissed.

Accordingly, the revision is dismissed.

Order Date :- 19.10.2011

SC