HIGH COURT OF UTTARAKHAND
Km. Sangeeta and Ors.
Smt. Kavita Devi
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Umesh Chandra Dhyani, J. -
(1.) THE applicants, by means of present application/petition under Section 482 of Cr.P.C., seek to quash the summoning order dated 22.07.2009, as also the entire proceedings of criminal complaint case No. 296 of 2009, Kavita Devi v. Km. Sangeeta and others, under Sections 427, 147, 504, 506(2) of IPC, pending before the court of Judicial Magistrate, I Class, Karanprayag, District Chamoli.
(2.) COMPLAINANT (respondent herein) filed a criminal complaint case against the accused (applicants herein) in the court of Judicial Magistrate, I Class, Karanprayag, District Chamoli. After recording the statements under Sections 200 and 202 of Cr.P.C. and having found a prima facie case against the accused -applicants, they were summoned to face the trial for the offences punishable under Sections 147, 427, 506 of IPC, vide order dated 22.07.2009. Aggrieved against the same, accused -applicants preferred a criminal revision in the court of Sessions Judge, Chamoli, which criminal revision was dismissed for non -prosecution on 03.01.2011. Aggrieved against the impugned summoning order dated 22.07.2009 and revisional court's order dated 03.01.2011, present application under Section 482 of Cr.P.C. was filed. It is submitted by learned counsel for the applicants that since there is no provision for restoration of a criminal revision, therefore, learned Sessions Judge was required to decide the same on merits. Instead of deciding the criminal revision on merits, the same was dismissed for non -prosecution by learned Sessions Judge. Learned counsel for the respondent gracefully conceded to such proposition of law.
(3.) IT will be useful to reproduce herein the provisions contained in Section 397 of Cr.P.C. The same reads as under:
397. Calling for records to exercise powers of revision. - -(1) The High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior Criminal Court situate within its ox his local jurisdiction for the purpose of satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proceedings of such inferior Court, and may, when calling for such record, direct that the execution of any sentence or order be suspended, and if the accused is in confinement, that he be released on bail or on his own bond pending the examination of the record.;
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