SHRI KANT TRIPATHI, J. - (1.) HEARD Sri RC Gupta, learned counsel for the applicant and the learned AGA and perused the record.
(2.) THIS is a petition under section 482 of the Code of Criminal Procedure (in short "the Code") for quashing the order dated 23.4.2010 passed by the Additional Sessions Judge, Court No. 7, Barabanki in Criminal Revision No. 410 of 2008 (Satyaveer v Ram Naresh Kotedar and another). It appears that the Investigating Officer after investigation of the case related to Crime No. 14 of 2007 under sections 3/7 of the Essential Commodities Act, P.S. Satrikh, District Barabanki submitted a final report and the concerned Additional Chief Judicial Magistrate, Court No. 17, Barabanki, vide the order dated 24.07.2008 accepted the final report. The respondent no. 3, who was not the complainant but had given complaint on whose basis search was made, filed the aforesaid criminal revision against the order of the Magistrate and the learned Additional Sessions Judge allowed the revision and remitted the matter to the Magistrate for a fresh disposal in accordance with law.
(3.) THE learned counsel for the applicant submitted that the revision was not maintainable in view of the fact that the respondent no. 3 was neither the complainant nor had the locus to file the revision.;