BHANU PRATAP SINGH Vs. THE STATE OF U.P AND ORS.
LAWS(ALL)-2014-7-482
HIGH COURT OF ALLAHABAD
Decided on July 23,2014

BHANU PRATAP SINGH Appellant
VERSUS
The State Of U.P And Ors. Respondents

JUDGEMENT

Ajai Lamba, J. - (1.) This petition filed under Section 482 of the Code of Criminal Procedure challenges order dated 22nd of June, 2013 passed by Additional Chief Judicial Magistrate-IV, Room No.28, Lucknow in complaint case No.3174/ 2013 under Section 138 of the Negotiable Instrument Act, Police Station Gomtinagar, District Lucknow vide which the petitioner has been summoned to stand trial.
(2.) Learned counsel for the respondent has pointed out that this Court ( this Bench) has considered legal issue as regards maintainability of revision petition against an order of summoning the accused passed by a Magistrate in a criminal complaint case in Rajendra Prasad Bajpai v. State of U.P. rendered in Crl. Misc. Case No.2911 of 2014 decided on 21.7.2014 while referring to Urmila Devi v. Yudhvir Singh reported in 2014 (1) Criminal Court Cases 284 (SC). It has been held that the revisional jurisdiction under Section 397 Cr.P.C. is available to the aggrieved party in challenging the order of the Magistrate directing issuance of summons.
(3.) I have considered the contention of learned counsel for the respondent. Learned counsel for the petitioner has not been able to controvert the legal position, as pleaded on behalf of respondent.;


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