Section 151 CPC is not applicable in criminal matters.

Court No. - 88

Case :- CRIMINAL REVISION No. - 2384 of 2022

Revisionist :- Smt. Lata Rani

Opposite Party :- State of U.P. and Another

Counsel for Revisionist :- Parvesh Kumar Pandey,Sarvesh Kumar Pandey

Counsel for Opposite Party :- G.A.

Hon'ble Raj Beer Singh,J.

1. Heard learned counsel for the revisionist, learned AGA for

the State and perused the record.

2. This criminal revision has been preferred against the

judgement and order dated 08.04.2022, passed by the

Additional Principal Judge, Family Court, Court No.2,

Ghaziabad in misc. case no. 152 of 2015, Lata Rani v. Rakesh

Kumar, whereby the application under Section 151 of the Code

of Civil Procedure (hereinafter referred to as 'CPC') filed by the

revisionist Lata Rani to recall the order dated 21.09.2015

passed in original suit no. 63 of 2009 and to restore the said

case, has been rejected.

3. It appears from record that the revisionist has filed an

application under Section 340 Cr.P.C. read with Sections

193/420/467/468/471 IPC, in proceeding pending between the

parties. As no one was appearing to press the said application

under Section 340 Cr.P.C. since long, thus, the said application

was dismissed by the court below vide order dated 21.09.2015.

The revisionist has filed an application under Section 151 CPC

to recall the said order dated 21.09.2015, which has been

rejected vide impugned order dated 08.04.2022.

4. It is apparent from record that the said application under

Section 340 Cr.P.C. was dismissed by the court below by

observing that the complainant/revisionist was continuously

absent since 04.05.2012. Further, the application for restoration

of the said case was filed under Section 151 CPC, which is not

applicable in criminal matters. It may also be stated that the

provisions of Section 341 Cr.P.C. provide that any person on

whose application the Court has refused to make a complaint

under sub-sections (1) or (2) of Section 340 Cr.P.C., may appeal

to the court to which such former Court is subordinate. Thus,

the revisionist has remedy of filing an appeal under Section 341

Cr.P.C. against the order dated 21.09.2015, by which her

application under Section 340 Cr.P.C. was dismissed.

5. In view of the aforesaid, it is apparent that the instant

criminal revision is not maintainable and accordingly, the same

is dismissed as not maintainable.

Order Date :- 11.1.2023

A.Kr./Anand

Digitally signed by :-

ANAND VERMA

High Court of Judicature at Allahabad