High Courts(2000) 04 AHC CK 0058

Sooraj Bali vs State of U.P.& Anr.

Allahabad High Court · Decided on 18 April 2000

HON’BLE JUDGES
Onkareshwar Bhatt, J
RESULT
Dismissed
CASE NUMBER
Criminal Revision No. 1522 of 1997

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Judgment

5 paragraphs · 287 words

Onkareshwar Bhatt, J.—This revision has been filed against the order dated 15101997, passed by Sri S.K. Gupta 1st Additional Chief Metropolitan Magistrate, Kanpur Nagar. By the impugned order revisionist has been summoned under Section 5001.P.C.

2.

The revisionist was absent, even when the case was taken up in the revised list.

3.

Sri Shekhar Yadav, learned Counsel appearing for the State has been heard and the record has been persued.

4.

The opposite party No. 2 has filed a complaint against the revisionist under Section 500 I.P.C. The copy of the complaint has been filed in pursuance of the order of the Court dated 27 111997. A perusal of the complaint shows that the daughter of the opposite party No. 2 complainant was married to the son of revisionistaccused. The daughter of the complainant was ill treated and was turned out of the house. Thereafter the revisionistaccused started saying that opposite party No. 2 has a criminal history and he is a criminal. In the application given to the police authorities also the revisionist accused has mentioned that opposite party no. 2complainant has got a criminal history. According to the complaint by saying so and writing so the revisionistaccused has harmed the reputation of opposite party complainant. The Magistrate has recorded the statement of opposite party No.2complainant and two witnesses under Section 202 of the Criminal Procedure Code. The learned Magistrate found that there is sufficient ground of proceeding and by the impugned order has summoned the accusedrevisionist under Section 5001.P.C. There is no illegality in the impugned order, which is correct, legal and proper and calls for no interference.

5.

The revision has no force and is summarily dismissed. The stay order dated 27111997 is vacated.