BRIJ BEHARI CHITTORIA Vs. STATE OF U.P. AND OTHERS
LAWS(ALL)-1995-2-151
HIGH COURT OF ALLAHABAD
Decided on February 15,1995

Brij Behari Chittoria Appellant
VERSUS
State of U.P. and others Respondents

JUDGEMENT

K.L. Sharma, J. - (1.) This is a petition under Section 482, Cr. P.C. for quashing the summoning order dated 6.6.1991 and also proceeding in criminal complaint No. 696 of 1991, under Sections 406, 420, 417, Indian Penal Code, P.S. Shahganj pending in the Court of Additional Chief Judicial Magistrate I, Agra.
(2.) I have heard the learned counsel for applicant Sri R.N. Sharma as well as Sri G.C. Saxena counsel for contesting respondent No. 2 and perused the material brought on record.
(3.) It has been pointed out that revisional court has dismissed the revision on the technical ground that the revision is belated and the application for condonation of delay has not been considered and decided by revisional Court. It has been further submitted that complaint is itself vexatious in as much as it does not give rise to any criminal case but it amounts to a civil dispute which can be raised before the competent civil court for adequate relief and proceeding on criminal side is abuse of process of court in which he has been summoned.;


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