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CRL.M.C.119/2015
AJAY GAUR o .
Petitioner
Through Mr.AmitJain,Adv.with Mr.SushendraK.Chauhan,Adv.
Through None
14.01.2015 Crl.M.A.No.537/2015(exemption)
Exemptionallowed,subjecttojustexceptions.
The applicationis disposed of.
Crl.M.C.No.ll9/2015& Crl.M.A.No.53r;/7ni^ On the basis ofthecomplaintfiled by the petitioner,the orderdated
14"October,2014 was passed by the learned MM directing the SHO to registerFIRagainstrespondentsNo.l&2. Thesaidorderwaschallenged by respondents No.l & 2 in Criminal Revision No.21/2014. The said revisionpetition wasallowed byorderdated 5'"December,2014. Relevant paras 14& 15ofthesaid orderread as under:-
ORDER
14. In view of the foregoing discussion and facts and the circumstances ofthe case I am allowing the Revision Petition 1edandsetting asidetheimpugnedorderoftheLd.TrialCourt 2015:DHC:10635 whereby the directions had been given to the registration ofthe case under Section 156(3)Cr.P.C.
15. Before, however, concluding this Order I would like to add here that the Ld. Trial Court may proceed with the complaint if it so considers appropriate, as a complaint case even in a case ofnon cognizable offence been committed may still be maintainable and maytake a decision as to the issuance ofprocess under Section204ofthe Code ofCriminalProcedure after such evidence as led by the complainant has been recorded." Learnedcounselforthepetitionerhasreferredthejudgmentpassedby Allahabad High Courtinthe case ofChandanSon ofAanganu vs.Stateof UttarPradesh,dated 17^*^ October,2006. Having gonethrough thesame,I am ofthe view that the facts in the present case are materially different. Therefore,the saidjudgmentis notapplicabletothefactsand circumstances ofthe present case. Thereisnomeritmthepetition. Thesameisaccordinglydismissed.