Pradeep Kumar Jain vs Sahdeo Prasad Nigam

N.K. Gupta, J.—Heard learned counsel for the parties. The applicant has challenged the order dated 9.10.2009 passed by the learned Sessions Judge, Chhatarpur in Criminal Revision No. 40/2009 whereby the matter was remanded to the Chief Judicial Magistrate, Chhatarpur with the direction that registration of the complaint may be considered against the applicant also.

The facts of the case are that some of the accused persons were residing in the house whereas it was given on rent by the complainant. Thereafter, they claimed that they were the owners of the house and they did not vacate. Consequently, a complaint was moved by the complainant relating to offence punishable u/s 465, 467, 468 of I.P.C. etc. After considering the evidence u/s 200 and 202 of Cr.P.C. the learned Chief Judicial Magistrate, Chhatarpur has registered a complaint against the accused Neeraj Kumar, Smt. Sudha Nigam and Murat Singh under Sections 465, 467, 469 of I.P.C. and dismissed the complaint against the remaining accused and in the revision the learned Sessions Judge remanded the case only for the applicant for considering of its registration against the applicant.

After considering the submissions made by the learned counsel for the parties and looking to the facts and circumstances of the case it is apparent, that the applicant was a Contractor who arranged the electricity fittings and wiring etc. Such type of work has no concern with the ownership of the building. Under such circumstances, prima facie it cannot be said that the applicant was involved in the crime. The trial Court has dismissed a case u/s 203 of Cr.P.C. against the applicant. There is no illegality or perversity visible in the order passed by the Chief Judicial Magistrate, Chhatarpur and therefore, no interference could be done in the revision. However, the learned Sessions Judge has done interference in the order and therefore, the order dated 9.10.2009 passed by the learned Sessions Judge appears to be perverse, it cannot be sustained. On the basis of the aforesaid discussion the revision filed by the applicant Pradeep Kumar Jain is hereby allowed. The order dated 9.10.2009 passed by the learned Sessions Judge in Criminal Revision No. 40/2009 is hereby set aside up to the extent it is connected with the applicant and order dated 5.1.2009 passed by the CJM, Chhatarpur by which the complaint was dismissed against the applicant u/s 203 of Cr.P.C. is hereby confirmed. Copy of the order be sent to both the Courts below for information and compliance.