MAHESH KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) This Application, under Article 227 of the Constitution of India, has been filed by the Applicants, Mahesh Kumar, Suresh Kumar and Rudresh, against State of U.P. and Dinesh Kumar Agrawal, with a prayer for setting aside impugned order, dated 18.4.2016, passed by the Additional Sessions Judge, Sant Kabir Nagar, in Criminal Revision, filed against the order of Chief Judicial Magistrate, Sant Kabir Nagar, dated 15.3.2016, passed in Complaint Case No. 2190 of 2010, Dinesh Kumar Agrawal vs. Mahesh Kumar and others.

(2.) Learned counsel for applicants argued that the Chief Judicial Magistrate, Sant Kabir Nagar, in Complaint Case No. 2190 of 2010, while deciding Application, moved, under Section 245 of Cr.P.C., held that offence, punishable under Section 452 of Indian Penal Code (IPC), was not made out, at the stage of evidence, recorded, under Section 244 of Cr.P.C., though offences, punishable, under Sections 323, 504, 506 of IPC were prima facie present. Hence, offence, under Section 452 of IPC was dropped. Against this order of Chief Judicial Magistrate, Sant Kabir Nagar, Criminal Revision was preferred by complaint, Dinesh Kmar Agrawal, wherein, learned Sessions Judge, Sant Kabir Nagar, admitted revision, relying upon version of Opposite party no.2, and came to conclusion that by framing charge under Section 452 of IPC, no loss will be caused to the applicants. Thus, directed for framing of charge by Chief Judicial Magistrate. Against this order, passed in revision, this Application, for invoking jurisdiction of superintendence of the High Court, over subordinate courts, regarding misuse of process of law, has been moved, under Article 227 of the Constitution of India.

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