RAJESH YADAV Vs. STATE OF U P

JUDGEMENT

(1.) By means of this application U/s 482 the applicant has challenged the validity and correctness of the order dated 04.02.2015, passed by Session Judge, Mirzapur, whereby the learned Session Judge after hearing the revision filed by the opposite party no.2 to 4 on the point of admission, has admitted the revision and has issued notice to the opposite party fixing 17.02.2015.

(2.) Learned counsel for the applicant has submitted that in view of the clear legal position as laid by the Full Bench of this Court in the case of Father Thomas v. State of U.P., 2011 1 ADJ 333 and reiterated in a recent Full Bench judgment of this Court in the case of Jagannath Verma and others versus State of U.P. and another, 2014 8 ADJ 439, the revision against the order of Magistrate directing to register the F.I.R. is not maintainable. Hence, the revision ought not to have been admitted, but learned Sessions Judge has illegally and arbitrarily admitted the revision by the order impugned which is liable to be quashed, hence he has prayed that the impugned order be quashed and further proceeding in the aforesaid criminal revision be also quashed.

(3.) Head learned counsel for the applicant; learned A.G.A. for the State and perused the record.