CRLR/133/2022
2022 Latest Caselaw 1075 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                     COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  CRLR No.133 of 2022

                                  Hon'ble N.S. Dhanik, J.

Mr. Bhupesh Kandpal, learned counsel for the revisionist.

Ms. Manisha Rana Singh, learned A.G.A. for the State.

Heard.

This criminal revision is preferred against the order dated 26.03.2022 passed by the learned Sub Divisional Magistrate, Kitcha, District-Udham Singh Nagar in Case Crime No.11/03 of 2015-16 under Section 133/137/138 Cr.P.C., whereby the learned Sub Divisional Magistrate allowed the application preferred by the respondent no.1.

Admit.

Summon the TCR.

Issue notice to respondent nos. 4 to 7. Steps to be taken within a week. List this case after service report is received.

Meanwhile, learned State Counsel may seek instructions.

Heard learned counsel for the parties on Stay Application (IA No. 01 of 2022).

Learned counsel for the respondent relied upon the paragraph no. 4 of the judgment of the Hon'ble Supreme Court in the case of "C.A. Avarachan Vs. Sreenivasan", (1996) 7 SCC 71, wherein Hon'ble Supreme Court has been pleased to observe as under:

"In our opinion, the omission on the part of the Sub-Divisional Magistrate to draw up a preliminary order, which is a sine qua non for initiating proceedings under Section 133 of the Code of Criminal Procedure and without following the procedure provided for by Section 138 CrPC, the order made by the Sub-Divisional Magistrate on 13-1-1988 is unsustainable and is vitiated. The High Court fell in error in not properly appreciating the effect of non-

compliance with the mandatory requirements of drawing up a preliminary order before proceedings under Section 133 CrPC. Neither the order of the High Court nor that of the Sub-Divisional Magistrate can therefore be sustained".

Considering the submission of learned counsel for the parities, it is directed that, till the next date of listing, the effect and operation of impugned order dated 26.03.2022 passed by the learned Sub Divisional Magistrate, Kitcha, District-Udham Singh Nagar in Case Crime No.11/03 of 2015-16 under Section 133/137/138 Cr.P.C. shall remain stayed.

Stay Application (IA No.1 of 2022) stands disposed of.

(N.S. Dhanik, J.) 01.04.2022 RV