LAWS(ALL)-2020-2-256

DHARM SINGH Vs. STATE OF U.P.

Decided On February 07, 2020
DHARM SINGH Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard learned counsel for the applicants and learned A.G.A. for the State.

(2.) This application has been filed for quashing the order dated 23.01.2016 passed by Chief Judicial Magistrate, Shahjahanpur in Case No. 1219/2014, whereby application filed by applicants under Section 156(3) Cr.P.C. has been rejected as well as for quashing the order dated 15.01.2019 passed by learned Additional Sessions Judge-III, Shahjahanpur in criminal revision no. 46/2016, whereby revision filed against the order dated 23.01.2016 has also been dismissed.

(3.) It has been argued by learned counsel for applicants that applicants have submitted an application under Section 156(3) Cr.P.C. against opposite party nos. 2 and 3, making several allegations, which constitute prima facie a cognizable offence, but learned trial court has not considered the entire facts and law in correct perspective and the application of the applicants under Section 156(3) Cr.P.C. has been dismissed vide impugned order dated 23.01.2016 without assigning appropriate reasons. Being aggrieved against the order dated 23.01.2016, applicants have preferred a criminal revision, but it was also dismissed without considering relevant facts and law by impugned order dated 15.01.2019. It was further argued that both the impugned orders are against facts and law and thus, liable to be set aside.