Naushad Hussain vs State Of U.P. And Another
2021 Latest Caselaw 4482 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 
Case :- CRIMINAL REVISION No. - 471 of 2021
 
Revisionist :- Naushad Hussain
 
Opposite Party :- State of U.P. and Another
 
Counsel for Revisionist :- Dharam Veer Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Rajeev Misra,J.

Heard Mr.Faiz Ahmad, Advocate, holding brief of Mr.Dharam Veer Singh, learned counsel for revisionist and learned AGA for State.

This criminal revision under Section 397/401 Cr.P.C. has been filed challenging order dated 23.12.2020 passed by Chief Judicial Magistrate, Firozabad, in Misc.Case No.72 of 2020 (Naushad Hussain vs. Mukrram and others) under Section 156 (3) Cr.P.C., whereby aforesaid application preferred by revisionist has been dismissed.

At the very outset, learned AGA raised a preliminary objection by submitting that present criminal proceedings have been engineered by revisionist to overcome the rigours of recovery proceedings initiated against revisionist . He has invited attention of the Court to the judgment of Apex Court in Priyanka Srivastava and others vs. State of UP; 2015 (6) SCC 287 wherein Apex Court has observed that caution should be exercised while deciding an application under Section 156 (3) Cr.P.C. particularly when recovery proceedings have been initiated against complainant himself.

When confronted with above, learned counsel for revisionist could not overcome the same.

Apart from above, Court has perused the grounds raised in support of this criminal revision as well as affidavit. The Court finds that no explanation has been offered in respect of observations made by court-below as noted herein above.

In view of above, this Court has no hesitation to conclude that applicant has not approached court-below with clean hands. Therefore, no illegality has been committed by courts-below in rejecting the application under Section 156 (3) Cr.P.C.

In view of above, no occasion arises to entertain this application.

The revision fails and is liable to be dismissed.

It is, accordingly, dismissed.

Order Date :- 23.3.2021/LN Tripathi