Lakhpati Vishwakarma vs Dr. Naveen Tiwari

N.K. Gupta, J.—Heard on admission. The applicant has challenged the proceedings of criminal revision No. 17/2013 that it was not maintainable and the application filed by the applicant before the revisionary Court that it was not maintainable, was not decided as an interlocutory application.

The facts of the case, in short, is that, the applicant had moved a criminal complaint against the respondents, which was registered by the trial Court vide order dated 4.1.2013 by the learned JMFC, Singrauli for offence punishable under sections 167, 193, 196, 427, 465, 471 of IPC. The revision was filed by the respondents against the registration of the complaint. The applicant has moved an application before the revisionary Court that there was no jurisdiction to the revisionary Court to hear the revision. However, the revisionary Court did not pass any order on the application filed by the applicant and therefore, the present petition is submitted.

After considering the submissions made by learned counsel for the parties and looking to the facts and circumstances of the case, it appears that the revision filed by the respondents against the order of registration of criminal complaint is maintainable. The revision filed against the order passed u/s 203 of the Cr. P.C. is maintainable and therefore, the revision is also maintainable against the order passed u/s 204 of the Cr. P.C. Now, it is the settled view of Hon''ble the Apex Court that such orders are revisable. Under such circumstances, the revision filed by the respondents is maintainable and therefore, it is not for the revisionary Court to decide such an application during the pendency of the revision. Under such circumstances, there is no basis to accept the present petition u/s 482 of the Cr. P.C. filed by the applicant Lakhpati. Consequently, it is hereby dismissed at motion stage. Since it is considered by this Court that the application relating to jurisdiction of revisionary Court was not maintainable, therefore, the application pending before the revisionary Court is also set aside. A copy of the order be sent to the revisionary Court for information and compliance.