- (1.) Delay in filing the revision has been condoned vide order of the date passed on delay condonation application.
(2.) This revision has been preferred against the order dated 13.8.2018 passed by the Chief Judicial Magistrate, Moradabad in Complaint Case No. 10657 of 2012.
(3.) The factual matrix in short is that the complainant is a practising advocate and he complained to the Chief Judicial Magistrate, Moradabad about commission of offences under Section 379, 504 and 505 of Indian Penal Code, 1860 (hereinafter referred to as 'IPC'). His statement was recorded as per Section 200 of Code of Civil Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') and that of the witness under Section 202 of Cr.P.C. The Court issued summons to the accused. Against the summoning order, instead of appearing before the Court below one Jaibhagwan Singh, Sub Inspector preferred revision being Revision No.305 of 2016 which was rejected vide order dated 5.2.2018. Non bailable warrant also was issued on 29.11.2016. Unfortunately, the learned Judge predecessor to the one who passed the order on 13.8.2018 had even sent notices to the higher authorities to procure the presence of the accused which went in vain. The advocate fell sick namely the complainant and the learned judge below dismissed the complaint under Section 204 (4) of Cr.P.C. It is this order which is under challenge.;