LAWS(ALL)-2020-11-140

PERVEZ SAIFI Vs. STATE OF U.P

Decided On November 11, 2020
Pervez Saifi Appellant
V/S
STATE OF U.P Respondents

JUDGEMENT

(1.) This Criminal Revision has been filed against the order dated 06.10.2020 passed by Civil Judge, (Junior Division)/Judicial Magistrate, Shamli in Misc. Case No. 252/11 of 2020 (Parvez Safi Vs. Rajendra Kumar & others) under Section 156 (3) Cr.P.C. Police Station Thana Bhawan, District Shamli.

(2.) Heard learned counsel for revisionist and learned AGA for State.

(3.) It has been argued by learned counsel for revisionist that impugned order is against facts and law and thus, liable to be set aside. It was submitted that the application filed by revisionist under Section 156(3) Cr.P.C. discloses commission of cognizable offence but it has been rejected without considering relevant facts and law. Learned counsel submitted that the application was mainly rejected on the ground that the court at Kairana, District Shamli has no territorial jurisdiction to entertain this application, whereas the agreement between the parties was executed at Shamli and thus, the alleged transaction between the parties has taken place partly within the jurisdiction of the court of District Shamli and thus, the court below has jurisdiction to pass an order for investigation by police. Learned counsel submitted that impugned order is against facts and law and thus, liable to be set aside.