Fakharuddin vs State of U.P.and Another

Barkat All Zaidi, J.—A Criminal complaint was filed under Sections 406, 409, 420, 467, 468 and 419 I.P.C. Police Station Kotwali Mau, District Mau by one Sri Maqsood Ahmad against 13 persons employees in a particular institution at Mau. The complaint was dismissed by the Chief Judicial Magistrate, Mau vide order dated 2651999 under Section 203 Cr.P.C.

Complainant filed Revision No. 235 of 1999 before the Sessions Judge but the same was dismissed as not pressed, which was also not in accordance with law.

Subsequently, another person Faiyaz Ahmad, Opposite Party No. 2 here, who was a complete outsider took the matter and went in revision before the Sessions Judge against the order of the Magistrate, which was allowed by the Sessions Judge, remanding the case to the Trial Magistrate.

Strangely and curiously, the Sessions Judge did not visualize that the person who had filed the Revision is not the complainant, but a rank outsider, who has no locus standi to maintain the revision.

The person at whose behest the revision was filed, before the Sessions Judge, has himself conceded in his counteraffidavit before this Court that he was misleaded and misguided, and his Counsel says that there has been a mistake, in fact, and that the petition should be allowed, which is obvious.

The petition is allowed and the proceedings in Complaint Case No. 3489 of 1989, Maqsood Ahmad v. Abu Bakra and 12 others, pending in the Court of Chief Judicial Magistrate, Mau are quashed.

A copy of this order be sent posthaste to the concerned Court through the learned District Sessions Judge, Mau for information and compliance.