Randhir Singh vs Versus Sunil Kumar Kashyap and Another

Servesh Kumar Gupta, J.—This revision has been directed against the order dated 02.08.2003, passed by District & Sessions Judge, Haridwar, whereby the order of cognizance of Additional Chief Judicial Magistrate, Roorkee dated 20.03.2003 was set aside, and complaint of Randhir Singh against Sunil Kumar Kashyap for the offence under Sections 420/384/386 and 506 Indian Penal Code in complaint case No. 71 of 2002 was dismissed.

None turned up on behalf of either of the parties except Sri P.S. Bohara, learned Brief holder for the State, right from very morning till 04.00 p.m. even revised called has been made time and again. So this Court has gone through the order under revision and findings therein. Incident is of 19.02.2003 which was a basis of filing a complaint by Randhir Singh against Sunil Kumar Kashyap. After recording the evidence u/s 200 and 202 Code of Criminal Procedure, cognizance was taken and the same was challenged under revision No. 233 of 2003 before the court of Sessions Judge, Haridwar which has passed the impugned order.

Learned Sessions Judge in his order has analyzed the statement of witnesses u/s 202 and 202 Code of Criminal Procedure and has found No. substance and consistency in the statement of witnesses so as to make the incident prima facie believable by any prudent person. There are several contradictions besides improbabilities, which have not been considered by the Magistrate in the Cognizance order. But learned Sessions Judge while mentioning all these incongruities in the order of cognizance order, has allowed the revision.

There is No. weakness in the impugned order. It deserves to be sustained. Revision has No. force. The revision is dismissed.