KARAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This criminal revision has been filed by the revisionists against the judgment and order dated 2.5.2005 passed by the learned Sessions Judge, Meerut in Criminal Revision No. 546 of 2004 Assey v. State of U.P.

(2.) The brief facts of the case are that an application under Section 156(3) Cr. P.C. was moved before the learned Judicial Magistrate, Mawana, Meerut against the revisionists of this revision on 26.10.2004 by opposite party No. 2, Assey. According to the applicant of the above application various offences under Sections 465, 467, 468, 469, 471 & 120-B, IPC have been committed by the revisionists. It has further been alleged in the said application that when opposite party No. 2 had failed to lodge an F.I.R. in the case he approached the Court of learned Judicial Magistrate with the said application. After hearing the applicant the learned Judicial Magistrate was of the view that there was no substance in the application moved before him and therefore, he rejected it on 8.11.2004.

(3.) Feeling aggrieved by the said order of rejection opposite party No. 2 moved the Court of the learned Sessions Judge, Meerut. His revision was registered there as Criminal Revision No. 546 of 2004. The opposite party of the said revision was only the State of U.P. After hearing the revisionists and the State, the learned Sessions Judge allowed the revision, set aside the order passed by the learned Judicial Magistrate, Mawana on 8.11.2004 and remanded back the matter to his Court for fresh consideration and disposal of the application under Section 156(3) Cr.P.C., keeping in view the guidelines given by him in the body of the judgment.