LALA RAM Vs. STATE OF U P

JUDGEMENT

(1.) S. N. Saxena, J. This is an application under Section 482 of the Code of Criminal Procedure, 1973 (Act No. 2 of 1974) whereby applicant Lala Ram has prayed this Court to quash the impugned orders dated 16-4-1994, 2-8- 1994 and 14-12-1994 passed by the courts below. The facts which gave rise to these proceedings are as follows: Applicant Lala Ram had filed a complaint against opposite parties 2 to 7 and one Sudhir Kumar on 19-10- 1993 for the offence under Section 498-A, I. P. C. with the allegation that his daughter Smt. Laxmi Devi was married to Sudhir Kumar on 5-5-1992. As she had not been able to get ful filled the desire of her husband and the opposite parties by getting gifted Hero Honda Motor Cycle by her father Lala Ram, this resulted in her mal treatment, torture and attempt to kill her by sprinkling kerosene oil on her. He had adduced evidence under Sections 200 and 202, Cr. P. C. and had also adduced documentary evidence on the basis of which the learned Magistrate had summoned all the accused persons by order dated 6-1- 1994. The accused persons challenged the jurisdiction of the learned Magistrate to summon all of them and the learned Magistrate, thereafter, by order dated 16-4-1994 recalled the order dated 6-1-1994 and further directed that the order dated 6-1-1994 shall be operative against accused Sudhir Kumar only. The present opposite parties, thus, were discharged by the learned Magistrate. The applicant preferred a revision application before the learned Sessions Judge against the order dated 16-4-1994, but it was dismissed on 8-7-1994. The applicant then again moved an application before the learned Magistrate for summoning the accused persons (opposite parties 2 to 7) for the offence under Section 498-A, I. P. G. , but the same was dismissed on 2-8-1998. Annexure-4 of this application under Section 482, Cr. P. C. is a true copy of the said order dated 2-8-1994 of the learned Magistrate. The applicant, thereafter, preferred a revision application before the Sessions Judge, but the same was dismissed by order dated 14-12-1994, a copy of which is Annexure-5 of this application. Finding no other remedy, the applicant instituted this application under Section 482, Cr. P. C.

(2.) THE matter was heard at the stage of admission. THE instant appli cation was moved on 19-1-1995 and the learned counsel for the applicant was unable to explain the inordinate delay in moving the application so far as the orders dated 16-12-1994 and 2-8-1994 were concerned. THE only reason put forward was that he had preferred revision application against the said orders before the learned Sessions Judge due to which the application under Section 482, Cr. P. C. could not be moved by the applicant soon after the aforesaid two orders were passed by the courts below. THE explanation, however, is not satisfactory and on the ground of delay, the application so far as the orders dated 16-4- 1994 and 2-8-1994 were concerned could not be entertained by this Court. It may also be mentioned that by order dated 2-8-1994, the learned Magistrate had refused to review the earlier order whereby he had directed that accused Sudhir Kumar alone would be tried for the offence under Section 498-A, I. P. C. by him, vide Annexure-4 of the application, which is a copy of the said order dated 2-8-1994 of the learned Magistrate. THE order dated 2-8-1994 read as follows : "perused the application. Order has been passed on merits. No ground to review the order. Hence application is rejected. Summon the accused person on the date fixed. "

(3.) AFTER the dismissal of the review application of the applicant on 2-8-1994, he again preferred a revision application which was registered as Criminal Revision No. 447 of 1994, Lala Ram v. State of U. P. , and was dismissed by Shri R. S. Nigam, learned Sessions Judge, Aligarh on 14-12-1994 vide Annexure- 5 of the application.