DHANUSH VEER SINGH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Prashant Chandra, Senior Advocative, assisted by Sri Mayank Sinha, and Sri D.K.Singh, learned counsel for the applicants, learned A.G.A. for the State of U.P. and Sri jyotindra Mishra, Senior Advocate, assisted by Sri Sunil Kumar Chaudhary and Sri Kapil Misra, learned counsel for respondent no. 2.

(2.) THAT the applicants Dhanush Veer Singh, Saurabh Bannerji and Pradeep Thakur have preferred this application under section 482 Cr.P.C. with the following prayers:

(3.) THE facts in brief, of this case are that respondent no. 2 Sri Satish Chandra Mishra, filed a complaint dated 25.2.2013 in the court of learned Chief Judicial Magistrate, Lucknow against the applicants on which the statement of respondent no. 2, Satish Chandra Mishra, was recorded under section 200 Cr.P.C. and the statements of Sri Amrendra Nath Tripathi, and Sri G.S. Tripathi, were recorded under section 202 Cr.P.C along with complaint , some documents and the photostate copy of the identity card issued as the member of Rajya Sabha to respondent no. 2 have also been filed. After considering the complaint, statements recorded under sections 200 and 202 Cr.P.C. and the documents filed, the learned Chief Judicial Magistrate, Lucknow took cognizance and summoned the applicants on 5.4.2013 to face the trial for the offence punishable under sections 500 and 501 I.P.C. The order dated 5.4.2013 was challenged by the applicants in the High Court by way of filing a criminal misc. case no. 1867 of 2013 under section 482 Cr.P.C., but the same was dismissed on 25.4.2013 on the ground of availability of alternative remedy by providing that in case any revision is preferred by the applicants before the court below, the revisional court shall dispose of the same by a reasoned and speaking order considering all the submissions raised before it. In pursuance of the order dated 25.4.2013, the petitioner preferred a Revision petition No. 182 of 2013 before the Sessions Court, Lucknow, the same has been dismissed on 17.9.2013 by the learned Additional Sessions Judge, Court No. 3, Lucknow. Being aggrieved, from the orders dated 5.4.2013 and 17.9.2013, the petitioners preferred this application under section 482 Cr.PC. before this court.