NISHANT KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) This revision has been preferred against the judgment and order dated 25.04.2007 passed by the learned Additional Sessions Judge, Court No. 3, Meerut in Criminal Revision No. 527 of 2006 allowing the revision.

(2.) Brief facts are that an application under section 156(3) Cr.P.C. was moved before the Magistrate, in which investigation was ordered. After investigation final report was submitted, against which protest petition was preferred. In the meantime, the accused-revisionist filed a revision and the revisional court stayed the acquisition but the police registered the case at C-10/5, but the accused was not arrested. Later on after the stay order was passed, the investigation was stayed. Thereafter, on 31.12.2005, the statement of the witnesses were recorded and the Investigating Officer on incorrect affidavits submitted the final report. The statement of the complainant under section 161 Cr.P.C. was not recorded. Now the medical report was produced. By order dated 07.08.2006, the revisional court directed both the parties to appear before the lower court. Thus, both the parties appeared and the matter was heard and the order dated 25.11.2006 was passed. Feeling aggrieved the accused-revisionist preferred the present revision.

(3.) I have heard Shri Amit Daga, learned counsel for the revisionist, Shri A.C. Srivastava, learned counsel for the opposite party and learned AGA for the State.