SIMANTRA DEVI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This revision has been filed by the revisionists for setting aside the order dtd. 24/7/2013 passed by the Sessions Judge, Udham Singh Nagar in Criminal Revision No. 148 of 2013, Smt. Sharda Devi vs. Simntra Devi and others, whereby the Sessions Judge has allowed the revision and set aside the order dtd. 20/5/2013 passed by the Judicial Magistrate, Khatima, Udham Singh Nagar in Misc. Criminal Case No. 31 of 2013, Smt. Sharda Devi vs. Simntra Devi and others.

(2.) Factual Matrix of the case is that Smt. Sharda Devi filed an application under Sec. 156(3) Cr.P.C. against the present revisionists in the Court of Judicial Magistrate, Khatima. The lower court found that the matter is purely civil in nature and thereafter rejected the application.

(3.) Aggrieved thereby the order, applicant Smt. Sharda Devi preferred the revision before the Sessions Judge, Udham Singh Nagar for setting aside the order dtd. 20/5/2013 passed by the Judicial Magistrate, Khatima. The revisional court after hearing both the parties allowed the revision on 24/7/2013 and set aside the order dtd. 20/5/2013 passed by the Judicial Magistrate, Khatima, it was also directed by revisional court to the learned Judicial Magistrate to dispose of the application as per the law.