- (1.) Present revision has been preferred against the judgment dated 23.7.2016 passed by the Court of Additional Sessions Judge (F.T.C.), Mahoba in Criminal Revision no. 41/2015, by which order dated 22.5.2015 passed by C.J.M., Mahoba dismissing the complaint under section 203 CrPC was quashed and matter was remanded for fresh orders in light of observations made in the judgment of revisional court.
(2.) Heard learned counsel for the applicants, learned AGA and perused the records.
(3.) The contention of learned counsel for the applicants was that during investigation, no overt act appeared to have been committed by any person. Even in the statement of victim before police and Sub-Divisional Magistrate when victim had given statement which revealed that no offence was committed. In this case after investigation, final report was submitted. But due to protest petition, complaint case has been initiated, in which Magistrate had dismissed the complaint under section 203 CrPC twice, and both the times revisional courts had remanded the matter with certain observations. Learned counsel for the applicants further contended that if such matter is regularly remanded again and again, with factual observations, by interference in findings of facts, then on any occasion, under pressure of order of remand, any Magistrate will pass any order against applicants in light of observation made by revisional court, which will prejudice the legal rights of applicants. Therefore in interest the order should be passed by this Court to finalize the matter.;