LAWS(CHH)-2020-3-66

SATISH PURI Vs. ANUPAMA GOSWAMI

Decided On March 06, 2020
Satish Puri Appellant
V/S
Anupama Goswami Respondents

JUDGEMENT

(1.) This petition under Section 482 of the Cr.P.C. is directed against the impugned order dated 06/01/2020 by which learned Sessions Judge set aside the order dated 23/09/2019 passed by the trial Magistrate taking cognizance of offence under Section 420 of the IPC against respondent No. 1 herein.

(2.) Mr. T.K. Jha, learned counsel for the petitioner would submit that the revisional Court is absolutely unjustified in setting aside the order of the trial Magistrate by holding that the trial Magistrate could not have taken cognizance of offence against respondent No. 1 by recording a finding which is perverse and contrary to the record.

(3.) Per contra, Mr. H.S. Ahluwalia, learned deputy Advocate General would submit that the trial Magistrate had taken cognizance of offence against respondent No. 1 on the basis of the document filed by the petitioner/complainant which cannot be considered while taking cognizance of.