Subhash Chandra Agarwal, J. - (1.) This revision is directed against the order dated 23.12.2006 passed by the Sessions Judge, Jalaun at Orai in criminal revision no. 289 of 2006, Krishna Kumar Kansal v. State of U.P. and another whereby order dated 1.8.2006 passed by the C.J.M. Jalaun at Orai rejecting the final report submitted by police and summoning the opposite party no. 2 Krishna Kumar Kansal for trial was quashed.
(2.) In brief the facts are that the complainant Shiv Prasad Shakyawar lodged an FIR against the opposite party no. 2 Krishna Kumar Kansal at P.S. Kotwali Jalaun under Sections 504, 506 Indian Penal Code and 3 (1) (10) of SC/ST Act alleging therein that he was the Branch Manager of Allahabad Bank, Jalaun. On 21.10.2005 at 9.45 a.m. accused Krishna Kumar Kansal, who was the Assistant General Manager, Jhansi Division Jhansi of Allahabad Bank inspected his office and publicly insulted him, abused him and accused him of corruption etc. After investigation police submitted final report. Notice of final report was served on the complainant, who filed protest petition before the C.J.M. Orai, which was registered as case no. 114 of 2006. The learned Magistrate, by order dated 1.8.2006 rejected the final report and summoned the accused Krishna Kumar Kansal for facing trial under Section 504, 506 Indian Penal Code and 3(1) (10) of SC/ST Act. Feeling aggrieved with the order 1.8.2006 passed by the C.J.M. Orai, the opposite party no. 2 filed revision no. 289 of 2006 which was allowed by Sessions Judge, Jalaun at Orai vide judgment and order dated 23.12.2006 and order dated 1.8.2006 passed by the C.J.M. Jalaun at Orai was set aside. Hence this revision.
(3.) Heard Sri R.K. Gupta, learned counsel for the revisionist and learned AGA for the State.;