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2021 Supreme(All) 89

YOGENDRA KUMAR SRIVASTAVA
Dhanesh Chandra Sharma – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Surjit Kumar

JUDGMENT :

1. Heard Sri Surjit Kumar, learned counsel for the applicants and Sri Pankaj Saxena, learned A.G.A.I appearing for the State-opposite party.

2. The present application under Section 482 Cr.P.C. has been filed with a prayer to set aside the order dated 15.12.2020 passed by the District and Session Judge, Mathura in Criminal Revision No. 208 of 2020 (Dhanesh Chandra Sharma and another Vs. State of U.P. and another) whereby the revision has been rejected as being not maintainable.

3. Briefly stated the facts of the case are that an order dated 18.11.2020 was passed upon an application filed by the opposite party no. 2 under Section 156 (3) Cr.P.C. whereby the said application was allowed by the Judicial Magistrate, Mathura with a direction for registration of an F.I.R. and investigation of the case.

4. The revisional court relying upon a decision of a Full Bench of this Court in Father Thomas Vs. State of U.P. and others, 2011 (72) ACC 564 has rejected the revision as being not maintainable.

5. Learned counsel for the applicants has sought to assail the aforesaid order by trying to contend that the criminal proceedings have been initiated maliciously by falsely implicating the a

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