MOHD SHAHID HUSSAIN & OTHERS Vs. STATE OF UTTARAKHAND & ANOTHER
LAWS(UTN)-2012-9-149
HIGH COURT OF UTTARAKHAND
Decided on September 10,2012

Mohd Shahid Hussain And Others Appellant
VERSUS
State of Uttarakhand and another Respondents

JUDGEMENT

- (1.) Having heard learned counsel for the parties, it transpires that a complaint case no.136 of 2011 was filed by respondent no.2 against the revisionists for various penal sections of IPC. Learned Magistrate, after perusing the statements of complainant and his witnesses, examined under Sections 200 and 202 Cr.P.C., did not find it a fit case for taking cognizance in the matter and dismissed the complaint u/s 203 Cr.P.C. vide order dated 24.6.2011. Complainant thereafter filed a revision no.121/11 wherein the Sessions Judge, U.S. Nagar, vide judgment and order dated 26.11.2011, set aside the order of Magistrate dated 24.6.2011 and remanded the matter to the court below with the directions to summon the accused u/s 204 Cr.P.C. for the offences under Sections 420, 463, 467, 468 and 471 IPC.
(2.) It has fairly been conceded by learned counsel for the private respondent that the Sessions Judge ought not to have directed the Magistrate in such a manner as to reflect a command to take cognizance in the matter. However, he was well within his powers to remand the matter to the Magistrate concerned for re-appreciation of the evidence in light of the observations made in the body of judgment while adjudicating the revision.
(3.) This Court is also in agreement with this contention and finds that the judgment passed by the Sessions Judge suffers with infirmity to this extent.;


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