LAWS(ALL)-2014-11-329

SYED WASIF HAIDER Vs. STATE OF U P

Decided On November 28, 2014
Syed Wasif Haider Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) BY way of instant application moved under Section 482 Cr.P.C. challenge has been made to the orders impugned dated 5.3.2012 passed by learned Special Chief Judicial Magistrate, Kanpur Nagar in Complaint Case No.165 of 2011, Syed Wasif Haider Vs. Sanjay Gupta & others for the offences under Sections 500, 501, 502, 505(2) I.P.C., police station Kotwali, district Kanpur Nagar and order dated 11.7.2012 passed by the learned Additional Sessions Judge, court no.5, Kanpur Nagar in Criminal Revision No.117 of 2012, whereby, both the aforementioned complaint and the revision filed by the applicant against the opposite parties nos.2 to 4 has been dismissed by the courts below.

(2.) BRIEFLY stated facts of this case are that the applicant moved Complaint Case No.165 of 2011, Syed Washif Haider Vs. Sanjay Gupta and others before the learned Special Chief Judicial Magistrate, Kanpur Nagar, wherein, statement of complainant and his witnesses was recorded under Sections 200 and 202 Cr.P.C. and upon consideration of the material, the learned Magistrate dismissed he complaint under Section 203 Cr.P.C. observing that the complaint has not made out prima facie case for initiation of proceeding against respondent nos.2 to 4.

(3.) FEELING aggrieved by the same, the complainant preferred Criminal Revision No.117 of 2012 in the court of Additional Sessions Judge, court No.5, Kanpur Nagar. The learned Additional Sessions Judge after hearing the matter on merits rejected the revision so preferred and sustained the order of the learned Magistrate.