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VIJAY KUMAR versus STATE OF U.P.

High Court of Judicature at Allahabad

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Vijay Kumar v. State Of U.P. - CRIMINAL MISC. WRIT PETITION No. 4926 of 2006 [2006] RD-AH 11999 (21 July 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No.43.

Crl. Misc. Writ petition No. 4926 of 2006.

Vijay Kumar......                    Petitioner.

  Vs.

State of U.P.    ....              Opp. Party.

Hon. K.N.Sinha,J.

       Heard Sri Sameer Jain, learned counsel for the petitioner and  learned A.G.A .

         The present writ petition has been moved  for quashing  of the order dated 24.3.2006 passed by revisional court and order dated 23.2.2006 passed by Additional Chief Judicial Magistrate II, Varanasi, (Annexures -2 and 3 to the writ petition).

         The petitioner moved an application under Section 156(3) Cr.P.C. which was dismissed  by order dated 23.2.2006 with the direction to proceed  the case as a complaint case. The revision was dismissed by order dated 24.3.2006. The revisional court has relied upon a judgement in the case of  Joseph Madhuri Vs. Swami Sachidanand, 2001(2) SCC(Crl)287 and came to the conclusion  that the court is empowered to treat the application under Section 156(3) Cr.P.C as a complaint case and approach of the  revisional court is quite justified .

 The writ petition has got no force and it is hereby dismissed.

Dt.21.4.2006.

G.S(4926)(7)


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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