NAWAL KISHORE SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) THE present revision has been filed against the order of the Special Judge, Dacoity Affected Area, Jhansi dated 23.8.2001.

(2.) IN short the contention of the revisionist is that the learned lower court has failed to apply his independent mind on material available on record. The statement of Bhagwan Das and Swaroop Singh has not been vehemently discussed in the light of the persisting law. It is further alleged that the finding of improbability recorded by the learned lower court is without any material available on the record. The witnesses present on the spot have given their evidence which has not been duly considered.

(3.) IN this connection, it will be appropriate to come through the provisions as enunciated in Section 203, Cr. P.C. which lays as follows : If, after considering the statements on oath of the complainant and of the witnesses and the result of the inquiry or investigation, the Magistrate is of the opinion that there is no sufficient ground for proceedings, he shall dismiss the complaint, and in every such case he shall briefly record his reasons for so doing.