Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:79131 . Court No. - 82 .
Case :- CRIMINAL REVISION DEFECTIVE No. - 1565 of 2024 Revisionist :- Vimlesh Opposite Party :- State Of U.P. & 6 Others Counsel for Revisionist :- Rajesh Prasad Counsel for Opposite Party :- G.A. Hon'ble Manjive Shukla,J.
Order on Crl. Misc. Delay Condonation Application No. 01 of 2024
1. This criminal revision is reported to be delayed by 19 days.
2. The revisionist has filed this application for condonation of delay.
3. Learned Additional Government Advocate does not have any objection if the application for condonation of delay is allowed.
4. I have gone through the averments made in the affidavit filed in support of the application for condonation of delay in filing this criminal revision.
5. The delay in filing this criminal revision has been sufficiently explained.
6. Accordingly, the application for condonation of delay is hereby allowed and the delay in filing the criminal revision is hereby condoned.
7. The office is directed to allot a regular number to this criminal revision.
Order on Memo of Revision. 8. Heard Sri Rajesh Prasad, learned counsel appearing for the revisionist and learned Additional Government Advocate appearing for the State. 9. The instant criminal revision has been filed challenging therein, the order dated 08.05.2024 passed by the learned Chief Judicial Magistrate, Aligarh in Misc. Application No. 381/11/2023 (Smt. Vimlesh Vs. Ashok Kumar and Others) whereby, the application filed by the revisionist, under Section 156(3) Cr.P.C., had been rejected. 10. Learned counsel appearing for the revisionist has argued that the learned Chief Judicial Magistrate, Aligarh had rejected the application filed by the revisionist under Section 156(3) Cr.P.C. only on the ground that the contents of the application do not disclose a cognizable offence and the entire dispute is civil in nature. 11. Learned counsel appearing for the revisionist, though tried to challenge the order dated 08.05.2024 but could not point out anything on the basis of which, it can be said that the subject matter of the application filed by the revisionist under Section 156(3) Cr.P.C. is a criminal matter and it discloses a cognizable offence. 12. Learned Additional Government Advocate appearing for the State has argued that the entire subject matter of the application filed by the revisionist is a civil matter and in no-way it discloses a cognizable offence. 13. I have considered the arguments advanced by the learned counsel appearing for the parties and have perused the documents annexed along with this criminal revision. 14. I find that there exists a civil dispute in between the parties and the revisionist is trying to convert a civil dispute in a criminal matter. I further find that the learned Chief Judicial Magistrate, Aligarh had considered the entire facts and circumstances of the case and had recorded a finding that the entire subject matter of the application, filed under Section 156(3) Cr.P.C., is civil in nature and does not disclose a cognizable offence. 15. In view of the aforesaid reasons, I do not find any illegality or infirmity in the impugned order dated 08.05.2024 passed by the learned Chief Judicial Magistrate, Aligarh in Misc. Application No. 381/11/2023 (Smt. Vimlesh Vs. Ashok Kumar and Others)
16. Accordingly, this criminal revision lacks merit and is hereby dismissed. 17.
However, it is made clear that this order would not come in the way of the revisionist in lodging the First Information Report against the opposite parties, if in future they are involved in any crime.
Order Date :- 14.5.2025 A. Mandhani Digitally signed by :- ABHISHEK MANDHANI High Court of Judicature at Allahabad