- (1.) The short question involved in this petition under Section 482 Cr.P.C., is as to whether the revisional court while exercising power of revision under Section 397 Cr.P.C., can record a contrary finding to the finding as recorded by the Magistrate.
(2.) The facts in brief are that the mother of the petitioner tried to lodge an FIR in respect of an occurrence, which took place on 30.09.2011 at about 11.30 AM, but the police did not register the complaint. Prior to this, the opposite parties No.2 to 5 had approached this Court for quashing of the charge-sheet arising out of Crime No.341/2011 by way of filing a petition under Section 482 Cr.P.C., being Criminal Misc. Case No.1410 of 2013 (U/s. 482 Cr.P.C.). In this petition, the respondents challenged the seal of police station Wazirganj, District Lucknow and portrayed that on 30.09.2011, the opposite party No.2 was kicked out from the house of her inlaws. This Court while entertaining the petition under Section 482 Cr.P.C., granted interim order in their favour directing that no coercive measures would be taken against them. This order was passed on 22.03.2013. When the petitioner came to know about the aforesaid order, he sought information under the Right to Information Act from the office of the Senior Superintendent, of Police, Lucknow. In reply to the said application, the petitioner was informed that no such application was submitted by the respondents on 30.09.2011. In pursuance of the this, the Senior Superintendent of Police, Lucknow exercising his power under Section 36 Cr.P.C., directed registration of FIR, which was registered as Crime No.216/2013, under Sections 420, 467, 468 and 471 IPC. The FIR against them was lodged on 17.05.2013. When the police did not proceed with the investigation, the petitioner preferred an application to the Senior Superintendent of Police, Lucknow for transfer of the investigation upon which the investigation was transferred to S.I.S. However, the S.I.S., after completion of the investigation, submitted final report. When the petitioner came to know about the submission of the final report, he preferred a protest petition against the final report and the learned Magistrate after going through the case diary, took cognizance under Section 190(1)(b) Cr.P.C. The learned Magistrate was of the opinion that the final report was not acceptable and the respondents No.2 to 5 had fabricated the document in order to get relief from this Court. The final report was accordingly rejected. The learned Magistrate while rejecting the final report, passed the summoning order dated 17.09.2015.
(3.) Feeling aggrieved by the summoning order, the respondents No.2 to 5 preferred a revision before the Session Judge being Criminal Revision No.434/2015, which was transferred to the Court of Additional Session Judge, Court No.15, Lucknow. The learned Additional Session Judge after hearing the parties, quashed the order passed by the learned Magistrate and remanded back the matter to the Magistrate for passing fresh order in the light of the observations made by it. The petitioner has challenged the aforesaid order passed by the learned revisional court by means the present petition under Section 482 Cr.P.C.;