SANJEEV KUMAR RAI Vs. STATE OF U P

JUDGEMENT

(1.) THIS petition under Section 482 Cr.P.C. has been filed with the prayer that the judgment and order dated 19.08.2013 passed by the Sessions Judge, Ambedkar Nagar in Criminal Revision No.220 of 2011 be quashed.

(2.) THE brief facts of the case are that the opposite party no.2 moved an application under Section 156(3) Cr.P.C. in the court of Chief Judicial Magistrate, Ambedkar Nagar, which was treated as a complaint case. Learned Chief Judicial Magistrate after following procedure of the complaint case dismissed the complaint on the ground that on the basis of the material on record, there is no sufficient evidence to summon the opposite party no.2 to face trial.

(3.) FEELING aggrieved by the aforesaid order of the rejection of complaint, the opposite party no.2 preferred a criminal revision being criminal revision No.220 of 2011, which was heard and disposed of by the learned Sessions Judge Ambedkar Nagar who dismissed the same vide judgment and order dated 19.08.2013. From the perusal of the judgment, it reflects that the criminal revision aforesaid was fixed for hearing on 19.08.2013, but since the lawyers were not attending the court on account of some resolution of the Bar Association, learned Sessions Judge proceeded to decide the revision only after hearing the arguments on behalf of the State. Thereafter, on the basis of the material on record and arguments advanced on behalf of the State, learned Sessions Judge allowed the revision and quashed the order passed by the learned Chief Judicial Magistrate.