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Judgment
8 paragraphs · 398 wordsR.C. Khulbe, J
The applicant has filed the present application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter to be referred as 'Cr.P.C') for setting aside the order dated 18.07.2019, passed by the Additional Session Judge, 5th Dehradun, in Criminal Revision No. 262 of 2017, Brijpal Singh and ors. Vs. State, wherein the summoning order dated 02.08.2017 passed by the Judicial Magistrate-II Dehradun, in Criminal Complaint Case No. 905 of 2015.
Heard learned counsel for the parties.
From the perusal of the record, initially a Complaint No.905 of 2015, Deekshika vs. Brijpal Singh and ors, u/s 406 IPC, was filed by the applicant-Deekshika against the respondent no.2 before the Judicial Magistrate 3rd Dehradun on 12.03.2015. After hearing both the parties, the complaint was dismissed on 18.06.2016. Aggrieved it, the present applicant filed Criminal Revision No.161 of 2016, Deekshika vs. Brijpal Singh, which was allowed on 29.05.2017 by the Additional Session Judge 5th Dehradun and the matter was remanded back to the concerned court to pass a fresh order, after inquiry.
As per the direction of the Revisional Court, summoning order was passed the Judicial Magistrate-IIIrd, Dehradun on 2.08.2017. Feeling aggrieved, the respondent no. 2 filed a Criminal Revision No. 262 of 2017. After hearing both the parties, the Revisional Court allowed the said revision and the aforesaid summoning order was quashed and the matter was remanded back to the lower court to pass afresh order, in the light of the evidence. Aggrieved by this order the present application filed under Section 482 Cr.P.C. for quashing the same.
From the perusal of the order dated 18.07.2019, passed by the Revisonal Court, in Criminal Revision No.262 of 2017, Brijpal Singh and ors. Vs. State, it is clear that the Revisional Court remanded back the matter to the concerned Magistrate for passing fresh order, in the light of the evidence, which shows that no fresh order was passed by the concerned Magistrate in the complaint.
Since, no summoning order was passed by the concerned Magistrate, in these circumstances the present application filed under Section 482 Cr.P.C. is liable to be dismissed. Accordingly the same is dismissed and the lower court is directed to pass a fresh order, as per law, within a period of one month from the date of receipt of this order.
Pending applications, if any, stand disposed of.