ANAND PAHARIYA Vs. STATE OF U. P.

JUDGEMENT

(1.) List revised. None is present either for the revisionist or opposite party no. 2. However, learned A.G.A. for the State is present.

(2.) This criminal revision is filed against judgement and order dtd. 2/9/2003 passed by Chief Metropolitan Magistrate,Kanpur Nagar in Case No.422 of 2000 (State of U.P. Versus Anand Pahariya) arising out of Case Crime No.513 of 1999 under Ss. 323, 504 and I.P.C. 3(1)(x) of SC/ST Act, Police Station Chakeri, District Kanpur Nagar. By the impugned order, learned Magistrate has rejected the final report and has summoned the revisionist.

(3.) Perusal of record transpires that F.I.R. bearing Case Crime No.513 of 1999 under Ss. 323, 504 I.P.C. and 3(1)(x) of SC/ST Act was lodged by revisionist on 10/7/1999 against Smt. Manju and others. Thereafter, on 13/7/1999 an F.I.R. at Case Crime No. 365 of 1999 was lodged by opposite party no.2 against the revisionist under Ss. 354, 504, 506 and 323 I.P.C. The matter was investigated and charge-sheet was submitted only for the offence under Ss. 323 and 504 I.P.C. on which cognizance was taken and summon was issued on 5/1/2000. The matter was further investigated by CB/CID and final report was submitted on 18/7/1999. Opposite party no.2 filed protest petition against the final report. The revisionist also filed objections. Learned Magistrate by the impugned order has rejected the final report and passed impugned summoning order.