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2016 Supreme(All) 199

VIJAY LAKSHMI
BRIJESH @ SONU – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
R.K. Dubey for the Revisionists;
A.G.A. for the Opposite Parties.

Judgment :

Hon'ble Mrs. Vijay Lakshmi,J.

This revision has been preferred against the order dated 5.9.2014 passed by Judicial Magistrate, Court No. 2 Mohammadabad, Ghazipur in Misc. Criminal Case No. 123 of 2014, Babbi Vs. Brijesh @ Sonu, under Section 156(3) Cr.P.C., Police Station Bhawarkol, district Ghazipur whereby the learned Magistrate while allowing the application moved by respondent no. 2 Babbi under Section 156(3) Cr.P.C., has directed the police to register and investigate the case .

No one appeared on behalf of the revisionists even in the revised call. Learned A.G.A. representing the opposite party no. 1 is present.

The ordersheet shows that this revision has yet not been admitted. On the first date i.e. 2.12.2014 also, no one was present on behalf of the revisionists, hence this Court directed to list this revision in due course. However, even today no one has appeared. No purpose is going to be served by directing the office to list this revision in due course. At the admission stage the first thing required to be looked into is the maintainability of the case.

As a revision petition cannot be dismissed in default or for want of prosecution, I am deciding this issue a











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