MUNNI DEVI Vs. STATE OF U.P.

JUDGEMENT

(1.) This proceeding, under Article 227 of the Constitution of India, has been filed by Munni Devi and three others, with a prayer for setting aside order, dated 23.11.2019, passed by the Additional Sessions Judge, Court No.15, Bareilly, in Criminal Revision No. 140 of 2019/C.N.R. No. UPBRO 1-004303-2019 (Munni Devi and others vs. State of U.P. and another) as well as order, dated 26.2.2019, passed by Additional Chief Judicial Magistrate, Court No.6, Bareilly, in Complaint Case No. 3207 of 2018 (Chheda Lal Vs. Munni Devi and others), under Sections 420, 467, 468, 471 and 506 of Indian Penal Code, Police Station-Fatehganj Paschimi, District Bareilly.

(2.) Learned counsel for applicants argued that a case crime number was got registered upon a report of Chheda Lal, after lapse of 22 years, as Case Crime No. 482 of 2012, under Sections 420, 467, 468, 471 and 506 of Indian Penal Code, Police Station-Fatehganj Paschimi, District-Bareilly, wherein, investigation resulted in submission of final report. Thenafter, a protest petition was filed, wherein, Magistrate took cognizance, examined complainant and his two witnesses, under Sections 200 and 202 of Cr.P.C. Thereafter, complaint was dismissed, under Section 203 of Cr.P.C.

(3.) Against this order of the Magistrate, a criminal revision was filed, wherein, revisional court set aside order, dated 9.11.2017 of the Magistrate, thereby, allowed criminal revision and remanded back matter for fresh adjudication over protest petition.