Rajesh Kumar Srivastava v. The State of U.P. Thru. the Prin. Secy. Deptt. of Home, Civil Secrt. Lko. and Others

Court No. - 11 Case :- APPLICATION U/S 482 No. - 12693 of 2023 Applicant :- Rajesh Kumar Srivastava Opposite Party :- The State Of U.P. Thru. The Prin. Secy. Deptt. Of Home, Civil Secrt. Lko. And Others Counsel for Applicant :- Anand Kumar Srivastava,Ashish Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicant and learned AGA for the State of U.P. and perused the record. By means of this application under Section 482 Cr.P.C., a challenge has been made to the order date 08.06.2023 passed by Chief Judicial Magistrate, Balrampur in Case No. 2640 of 2022 (Rajesh Kumar Srivastava vs. Brijesh Kumar Srivastava and others) as also the order dated 25.08.2023 passed by Sessions Judge, Balrampur in Criminal Revision No. 59/2023 (Rajesh Kumar Srivastava vs. State of U.P. and others), whereby, revision preferred against the order dated 08.06.2023 has been rejected. From the record, it appears that vide order impugned dated

08.06.2023 passed in Case No. 2640 of 2022, under Section 323, 504 IPC, the applicant has been summoned by the Magistrate concerned after considering statements recorded under Sections 200 and 202 Cr.P.C. and taking note of contents of the complaint/application. Upon due consideration of the statements recorded under Sections 200 and 202 Cr.P.C. as also the averments made in the complaint, this Court finds that the Magistrate concerned has not committed any illegality while passing the order impugned dated 08.06.2023 affirmed vide order dated 25.08.2023. In view of above, this Court does not find any reason to interfere in the order(s) impugned dated 08.06.2023 and

25.08.2023. For the reasons aforesaid, the instant application under Section 482 Cr.P.C. is hereby dismissed. No order as to costs. Order Date :- 22.12.2023 Arun/- High Court of Judicature at Allahabad, Lucknow Bench