Neutral Citation No. - 2025:AHC:76374 Court No. - 87 Case :- APPLICATION U/S 482 No. - 33262 of 2024 Applicant :- Markenday Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Kumar Rai,Sandeep Maniji Bakhshi Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J. 1. Heard Sri Sandeep Maniji Bakhshi, learned counsel for the applicant, learned A.G.A. for the State- opposite party no. 1 and perused the record. 2. This application under Section 482 Cr.P.C. has been filed with the request to set aside the order dated 15.12.2021 passed by learned Additional Sessions Judge/Special Judge (E.C. Act), Azamgarh in Revision No. 224 of 2012 (Baijnath vs. State of U.P.) arises out of Criminal Case No. 2614 of 2012, under section 167, 395, 457, 504 I.P.C., Police Station Sarai Meer, District Azamgarh. 3. The submission of learned counsel for the applicant is that applicant is a business man and running a gas goddam/franchise of Bharat Petroleum and opposite party is in police force. Further submission is that applicant had filed an application under section 156(3) Cr.P.C. with the allegation that opposite party no. 2 forcefully entered into the house as well as in gas goddam of applicant and picked empty cylinders from the gas goddam numbered as 289 house hold cylinder and 8 commercial cylinder. Further submission is that learned CJM, proceeded with the complaint and call for the report and when report was not submitted by the police, learned CJM vide order dated 25.04.2011 ordered for lodging of F.I.R., which was registered as Case Crime No. 264 of 2011, under section 395 I.P.C. After investigation police has submitted final report in the matter on 28.05.2011. Against which applicant had filed Protest Petition on 02.09.2011 before the CJM, concerned, with the allegation that Investigating Officer did not took note of evidence and has also not collected the statement of the witnesses during investigation, deliberately filed final report in the matter, the same was allowed after adducing the evidence on record and the protest petition was treated as compliant case numbered as Complaint Case No. 2614 of 2012 by the learned Magistrate, who proceeded with the complaint and after adducing evidence under sections 200 and 202 of the Cr.P.C., issued summoning order against 20 persons on 16.07.2012. Against the summoning order one co-accused filed a criminal revision being Revision No. 206 of 2012 (Satya Prakash Singh vs. State of U.P.), the same was dismissed vide order dated 15.02.2014 by the Revisional Court and summoning order dated 16.07.2012 was affirmed. Further submission is that against the said order opposite party no. 2 had also filed a Criminal Revision numbered as Criminal Revision no. 224 of 2012, which was allowed by Additional Sessions Judge/Special Judge (E.C. Act), Azamgarh without considering the fact the criminal revision filed by one of the co-accused bearing Criminal Revision no. 206 of 2012 had already been rejected. Further submission is that the order passed by the learned Magistrate is unjust and passed in a very mechanical manner which is sheer abuse of the process of the law, therefore, order passed by the Magistrate in the aforementioned complaint case is liable to be quashed. 4. Per contra, learned AGA submits that order passed by the Revisional Court is just and proper, there is no illegality, as the same has been passed after considering the evidence brought on record, therefore, no interference is required by this Court in the instant matter. 5. From the perusal of the relevant orders attached with this application, it appears that an application under section 156(3) Cr.P.C. was filed by the applicant with the allegation that opposite party no. 2 forcefully entered into the house as well as in gas goddam of applicant and took away empty cylinders from the gas goddam numbered as 289 house hold cylinder and 8 commercial cylinder, upon which learned CJM, proceeded and ordered for lodging of the F.I.R., under section 395 I.P.C. Thereafter, after investigation police has submitted final report in the matter on 28.05.2011, against which applicant had filed Protest Petition on 02.09.2011, which was treated as compliant and case was registered as Complaint Case No. 2614 of 2012 by the learned Magistrate, who proceeded with the complaint and after adducing evidence under sections 200 and 202 of the Cr.P.C., issued summoning order against 20 persons on 16.07.2012. Aggrieved with the same one co-accused filed a criminal revision being Revision No. 206 of 2012 (Satya Prakash Singh vs. State of U.P.), the same was dismissed vide order dated 15.02.2014 by the Revisional Court and summoning order dated 16.07.2012 was affirmed. Moreover, opposite party no. 2 had also filed a Criminal Revision being Criminal Revision no. 224 of 2012, which was allowed by Additional Sessions Judge/Special Judge (E.C. Act), Azamgarh vide order dated 15.12.2021 and set aside the summoning order and remanded the matter back to the trial court with a direction to pass a fresh order after considering the evidence on record. 6. Considered the submission advanced on behalf of both parties and having perused the material on record, this court does not see any illegality, incorrectness or impropriety in the order passed by the Revisional Court and there seem to be no abuse of the Court's process also, therefore, the prayer for quashing of orders dated 15.12.2021 passed by learned Additional Sessions Judge/Special Judge (E.C. Act), Azamgarh in Revision No. 224 of 2012 (Baijnath vs. State of U.P.) arises out of Criminal Case No. 2614 of 2012, under section 167, 395, 457, 504 I.P.C., Police Station Sarai Meer, District Azamgarh is refused. 7. Application filed under section 482 Cr.P.C. lacks merit and is accordingly dismissed. Order Date :- 9.5.2025 Bhanu Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad