Arjun Kumar vs State Of U.P. And 4 Others
2023 Latest Caselaw 13436 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 93
 

 
Case :- CRIMINAL REVISION No. - 2092 of 2022
 

 
Revisionist :- Arjun Kumar
 
Opposite Party :- State Of U.P. And 4 Others
 
Counsel for Revisionist :- Babu Lal Ram,Ankit Sonker,Brajesh Kumar Singh
 
Counsel for Opposite Party :- G.A.,Arun Kumar Singh,Ravindra Pal Singh Kashyap
 

 
Hon'ble Mrs. Jyotsna Sharma,J.

01. Heard Sri Brajesh Kumar Singh, learned counsel for the revisionist, Sri Arun Kumar Singh, learned counsel for respondents no.2 to 5 and learned A.G.A. for the State.

02. By means of this criminal revision, a judgment and order dated 01.02.2022 has been challenged by which complaint case filed by the revisionist Arjun Kumar was dismissed under Section 203 Cr.P.C.

03. The revisionist at the very outset requested this Court that this criminal revision may be dismissed as he is no more interested to press it.

04. Learned A.G.A. submitted that once criminal revision has been filed, legally it cannot be either withdrawn or decided on the basis of non prosecution. The Court should decide it on merit.

05. I went through papers on record including the impugned order. The learned trial court after going through the evidence given under Sections 200 and 202 Cr.P.C. was of the opinion that not only the complaint case but the evidence given in its support is quite contradictory inter se and the story is inherently improbable. The trial court also expressed its opinion that this complaint has been actually filed to create defence for cross case earlier filed from the side of the accused persons.

06. In my view, the order has been passed after appreciation of evidence and giving cogent reasons. The trial court did not find sufficient grounds to proceed. I agree with the view taken by the trial court. I do not find any good ground to interfere in this case.

07. Hence the criminal is dismissed.

Order Date :- 28.4.2023

Asha