Rajesh @ Raju vs State Of U.P. & Others
2014 Latest Caselaw 1696 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?A.F.R. 
 
Court No. - 46
 

 
Case :- CRIMINAL REVISION No. - 4947 of 2009
 

 
Revisionist :- Rajesh @ Raju
 
Opposite Party :- State Of U.P. & Others
 
Counsel for Revisionist :- R.K. Rathore
 
Counsel for Opposite Party :- Govt. Advocate,Amit Mishra,Viresh Mishra
 

 
Hon'ble Kalimullah Khan,J.

Heard learned counsel for the revisionist and learned A.G.A. Perused the record.

This criminal revision has been directed against the impugned judgment and order dated 14.9.2009 passed by the learned M.M. VIII Kanpur Nagar on the application made under Section 156 (3) Cr.P.C., P.S. Nazirabad, District Kanpur Nagar 'Rajesh @ Raju Vs. Rahul Gyan Chandani & others' in criminal case no. 2543 of 2009 whereby learned trial court has rejected the said application.

The aforesaid impugned order dated 14.9.2009 has been challenged on the ground that it is incorrect, illegal or improper.

Learned Magistrate concerned has three options while disposing of application made under Section 156(3) Cr.P.C. which are as follows:

i. He may allow the said application; (ii) He may reject the said application and (iii) He may treat the application as a complaint case and proceed in accordance with the procedure provided in Chapter XV of Cr.P.C.

The perusal of the impugned order appears to be squarely covered up by the case law Sukhwasi Vs. State of U.P. 2007 (59) ACC 739.

However, learned counsel for the revisionist has apprised this Court that he is not willing to contest this criminal revision on merit and desires to withdraw the same. 

No incorrectness, illegality or impropriety appears to have occurred in the order impugned.

The criminal revision lacks merit. Therefore, it is hereby dismissed.

Order Date :- 13.5.2014

S.Sharma