LAWS(ALL)-2022-4-95

SAURABH TIWARI Vs. STATE OF UTTAR PRADESH

Decided On April 28, 2022
Saurabh Tiwari Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) Heard Sri Amitabh Trivedi, learned counsel for the petitioner, learned AGA for the State and perused the record.

(2.) The present matter under Article 227 of the Constitution of India is being filed challenging the order dtd. 23/12/2020 whereby the application under Sec. 156(3) Cr.P.C. has been rejected by the learned Judicial Magistrate-I, Varanasi. The same was challenged before the revisional court, the revisional court too has rejected the revision affirming the order dtd. 23/12/2020.

(3.) Since the 156(3) Cr.P.C. application has been rejected and in the light of judgement of Hon'ble Apex Court in the case of Sakiri Vasu Vs. State of U.P. and others in Appeal (Crl.) No. 1685 of 2007 decided on 7/12/2007, the petitioner has alternative remedy to invoke the proper proceedings against the proposed accused, if so advised.