SHALINI SAHAI Vs. STATE OF U.P.

JUDGEMENT

(1.) The instant criminal revision under Section 397/ 401 of Cr.P.C. has been preferred against the judgment and order dated 28.01.2020 passed in Criminal Misc. Case No.94 of 2020 (Raj Kishore v. Shalini Sahai and another), by which the learned Special Judge, SC/ ST Act, Lucknow has allowed the application moved by opposite party no.2 under Section 156(3) of Cr.P.C. directing the Station House Officer, Gomti Nagar to lodged an FIR and submit report.

(2.) Submission of learned Counsel for revisionists is that the opposite party no.2 Raj Kishore had moved an application under Section 156(3) of Cr.P.C. against the revisionists on 18.01.2020, which has been allowed by the impugned order. Learned Counsel has further submitted that the impugned order is arbitrary and contrary to the law laid down by the Apex Court.

(3.) Learned Counsel for revisionists has further submitted that earlier on 25.11.2019, the opposite party no.2 had lodged an FIR against the revisionist Anit Kumar and his wife Sadhna Srivastava have in Case Crime No.1412 of 2019, under Sections 506, 504, 406, 420 IPC at Police Station Gomti Nagar, District Lucknow. The revisionist no.1 being a police officer posted at Police Station Gomti Nagar, District Lucknow was appointed to investigate the matter. During investigation, the revisionist no.1 called both the parties to compromise the dispute regarding construction of house. Learned Counsel has again submitted that the application under Section 156(3) of Cr.P.C. has been moved only in order to put pressure upon the revisionists.