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2021 Supreme(HP) 620

VIVEK SINGH THAKUR
SHRI PUSHAP RAJ S/O SH. DAYA RAM – Appellant
Versus
ANIL KUMAR S/O SH. RAJU – Respondent


Advocates:
Advocate Appeared:
For the Appellant :SH.ATUL JHINGAN, ADVOCATE
For the Respondent:SH. G.R. PALSRA, ADVOCATE

ORDER :

This petition has been filed against the order 05.06.2015, passed by learned Sessions Judge, Mandi, in Cr. Revision Petition No.24/2014, titled as Pushap Raj vs. Anil Kumar & others, whereby Revision Petition preferred by the petitioner has been dismissed on the ground that it was not maintainable in view of provisions of Section 378(4) of the Code of Criminal Procedure (in short ‘Cr.P.C.’) by observing that against order/judgment of acquittal, Revision Petition is not maintainable but appeal shall lie.

2. Petitioner herein had filed a private complaint before the trial Magistrate, wherein trial Magistrate after recording preliminary evidence as provided under Section 200 of cr.P.C. and thereafter, considering statement of the complainant and the witnesses, had dismissed the complaint under Section 203 of Cr.P.C. without issuing notice to the respondent/accused.

3. No cognizance of the commission of offence was ever taken by the trial Magistrate against the respondent as the complaint was dismissed at the stage of Section 203 Cr.P.C. Whereas, commencement of the proceedings before Magistrate against the respondent shall have to be after issuance of process under Section 204 Cr

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