LAWS(ALL)-1998-3-22

ASHIF Vs. STATE OF U P

Decided On March 11, 1998
ASHIF Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) J. C. Gupta, J. Heard applicant's Counsel.

(2.) THIS application under Section 482, Cr. P. C. has been filed for quashing of the criminal proceedings pending against the applicant in complaint case No. 2880/96.

(3.) IN the case in hand, the petitioner preferred revision before the Sessions Court against the summoning order and that has also been dismissed. It is also well settled that after having availed the remedy of revision, power under Section 482, Cr. P. C. cannot be utilised for exercis ing the powers as a Second Revisional court. INterference is permissible only when the Court is satisfied that if the com plaint is allowed to proceed, it will amount to abuse of process of the Court or that interest of justice otherwise call for the quashing of the charges. INterference at initial stage should be only in exceptional cases where the interest of justice demands it, it cannot be a matter of course.