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Application Us 397 CRPC Rajendra Kumar Criminal Reevision
Application Us 397 CRPC Rajendra Kumar Criminal Reevision
4. Annexure No.03
5. Identity Proof
6. Vakalatnama
Date 06.05.2023
(Anupam Verma)
Advocate.
with
(Prerna Verma)
Advocate
Counsel(s) for Applicant.
Rajendra Kumar aged about 51 years S/o Late Bihari Lal 134 Chaudhariyana
Jhansi 284302.
………..Applicant.
VERSUS
1. Damodar Das Agrawal S/o Late Bhagwan Das Agrawal R/o 160 Heegan
Katra Jhansi.
2. Shankar Lal Tivari S/o Late Chintaman Tivari R/o Nivasi Lakshi Gate, Sh.
Bihari Ji Maharaj Ka Mandir Jhansi.
3. Birendra Rai S/o C.L. Rai R/o Green Park Calony, Jhansi.
4. Anju Agrawal w/o Raju Agrawal R/o Kailash Residency Jhansi.
5. Raju Agrawal R/o Kailash Residency Jhansi.
6. Shikha Agrawal w/o Anil Agrawal 30/1 Chaturyana Jhansi .
7. Anil Agrawal S/o Ramesh Chandra 30/1 Chaturyana Jhansi.
8. Rakesh Agrawal S/o Jai Prakash Agrawal, 56 Taksal Jhansi.
9. Ankit Rai S/o Ramji Rai R/o Unknown.
10.Anil Kumar Rai S/o Ram Rai R/o 193 Channiya Pura Tehsil District Jhansi.
11.Rupali Agrawal W/o Virendra Agrawal R/o Unknown.
12.Mayadevi Agrawal credentials unknown.
13.Birendra Agrawal S/o Ramesh Chnadra Agrawal R/o 81 Nayi Basti.
14.Neha Agrawal credentials unknown.
15.Ritu Agrawal credentials unknown.
16.Sunil Agrawal, credentials unknown.
17.Shivam Developers through Director Deepak Kumar Gupta S/o
Badrinarayan Gupta S/o Badrinarayan Guta 1334/1 Civil Lines Jhansi.
18.Ranauk Vans Builders Through Director Charanjeet Singh Chawla R/o
Sateesh Nagar Jhansi.
…….Respondents.
The Humble Revisionist, Rajendra Kumar aged about 51 years S/o
Late Bihari Lal 134 Chaudhariyana Jhansi 284302, MOST RESPECTFULLY
SHOWETH as under :-
2. That instant criminal revision is being filed being aggrieved by the disposal of
an application filed by the revisionist wherein application was kept pending for
the reasons unbeknownst and once the TA was filed a judicial impropriety has
been shown as such the matter which was fixed for hearing on 17.06.2023 was
preponed and impugned order was passed. There is much to say in the matter
but for the sake of brevity revisionist is refraining himself by bringing
documents on records as to how the court below has proceeded in the matter
and is filing present revision in the quest of justice.
5. That in the interest of Brevity the contents of application under section 156(3)
of CrPC are being reiterated for the sake of brevity. As for as the judgments
referred by the ld. Court below cannot be treated as the proper judicial
proceedings in the light of law laid down in the matter of Lalita Kumari
v/s State of UP & Ors SCC-2014-2-1; the relevant portion of
which is being reproduced here as under;-
111) In view of the aforesaid discussion, we hold: i) Registration of FIR is
mandatory under Section 154 of the Code, if the information discloses
commission of a cognizable offence and no preliminary inquiry is
permissible in such a situation.
6. That once the Hon’ble supreme court barred preliminary enquiry in the matter
of cognizable offences then as to what power can be exercised by the Ld. Court
below for proceeding in the present matter treating it as complaint case.
Prayer
In view of above this Hon’ble Court is requested to –
i. quash the impugned order and to direct the SHO Kotwali for registration
of FIR as the content of complainant show prima-facie cognizable
offences.
Or
quash the impugned order and to remand back to Ld. Court below for
deciding the matter strictly as per law laid down in the matter of Lalita
Kumari v/s State of UP & Ors SCC-2014-2-1.
ii. Any other order or direction as deem appropriate in the present matter
may also please be issued
Date 25.04.2023
(Anupam Verma)
Advocate.
Counsel(s) for Applicant.
Before the Court of District and Session Judge Jhansi
Criminal Revision No………….. Of 2023
(Arising out of order dated 13.04.2023 passed by Ld. Chief Judicial Magistrate
Jhansi)
In re
Case Crime No. 1987/2022
Rajendra Kumar v/s Damodar Das Agrawal & Ors
Affidavit in support of Criminal Revision.
The Humble Applicant, Rajendra Kumar aged about 51 years S/o Late
Bihari Lal 134 Chaudhariyana Jhansi 284302, MOST RESPECTFULLY SHOWETH
as under :-
1. That Criminal Revision under section 397 of CrPC has been filed by
Deponent and as such deponent is well aware about the content of
aforesaid application.
2. That deponent has not concealed any material on record and has not made
any incorrect statement.
DEPONENT
VERIFICATION
Verified on this 06th day of May, 2023; that the content of paragraph 01 to
03 are true to my knowledge and belief and nothing material has been
concealed therefrom.
DEPONENT
(Prerna Verma)
Advocate
Before the Court of District and Session Judge Jhansi
Criminal Revision No………….. Of 2023
(Arising out of order dated 13.04.2023 passed by Ld. Chief Judicial Magistrate
Jhansi)
In re
Case Crime No. 1987/2022
Rajendra Kumar v/s Damodar Das Agrawal & Ors
For the facts and reasons stated in Criminal Revision; it is apparent on the face
of record that applicant the just cause has been defeated and is born out from
the relevant records but even if this Hon’ble Court is of opinion that lower
court records are also required then the same may be summoned from the
office of concerned Chief Judicial Magistrate in the interest of Justice.
Prayer
In view of above it is requested that if this Hon’ble Court is of Opinion that
records of lower court is required then the same may be summoned after
gran of interim relief.
Any other order or direction which is in the interest of justice may also please
be passed.