JUDGMENT :

Heard Sri Sanjay Kumar Tiwari, Advocate, holding brief of Sri Gireesh Chandra Dwivedi, learned counsel for the revisionist, Sri Puneet Kumar Verma, learned counsel for the opposite party nos. 2 to 6 and learned A.G.A. for the State.

2. By means of this instant criminal revision, the revisionist has assailed the judgment and order dated 27.09.2022 passed by learned Chief Judicial Magistrate, Firozabad in Misc. Case No. 2128 of 2022 (Smt. Kamlesh Vs. Yogendra and Others) u/s 156 (3) Cr.P.C., Police Station- Sirsaganj, District-Firozabad.

3. By the impugned order, the learned Magistrate has dismissed the application u/s 156 (3) Cr.P.C. filed by the revisionist.

4. It has been submitted by learned counsel for the revisionist that the learned Magistrate passed the impugned order dated 27.09.2022 without considering the evidence on record and without application of his mind. Since the impugned order has been passed against the weight of the evidence on record, it should be set-aside and learned Magistrate may be directed to pass order afresh on the application of the revisionist.

5. It has been submitted by learned counsel for the opposite party no. 2 that the revisionist has filed