AMANA BEGUM Vs. STATE OF U.P.

JUDGEMENT

(1.) This Criminal Revision, under Section 397/401 of Code of Criminal Procedure, 1973, (Cr.P.C.), has been preferred by Amana Begum against State of U.P. and others, with a prayer for setting aside impugned order, dated 16.8.2019, passed by learned Judicial Magistrate IInd, Shahjahanpur, in Complaint Case No. 324 of 2019 (Amana vs. Shakil and others), under Sections 323, 504 of Indian Penal Code (IPC), pending before the court of Judicial Magistrate-II, Shahjahanpur, with a further prayer for a direction for making committal of above complaint case for trial, together with, Sessions Trial No. 392 of 2011, State vs. Mohd. Razi & others, pending before the court of Additional Sessions Judge, VII, Shahjahanpur.

(2.) Learned counsel for revisionist argued that an application was moved before the Magistrate, with a request for committal of above complaint case for trial, together, with above Sessions Trial, because of being cross-case, but vide impugned order, above application was rejected, which was mis-exercise of power by the Magistrate and the impugned order, so passed, is apparently erroneous, on the face of record, hence, this criminal revision, with above prayer.

(3.) Learned AGA, representing State of U.P., has vehemently opposed this Application.