Uma Shankar v. State of U.P. and others, whereby order dated

Brief facts relevant for the disposal of present revision are that pursuant to the order passed by the Chief Judicial Magistrate, Lucknow on an application filed by the complainant/ respondent no.6 (Uma Shankar) registered as Criminal Misc. Case No. 89184 of 2023 under Section 156 (3) Cr.P.C., an F.I.R. dated 09.01.2021, bearing Case Crime No. 0015 of 2021, under Sections 406, 419, 420, 467, 468, 471, 504, 506, 447 I.P.C. was registered at Police Station No. Gomti Nagar, Lucknow, against Seema Kapoor (revisionist) and others. It is alleged that complainant(Uma Shankar) had a shop, bearing No.13, area

24.6225 Sq. Mt. (7.35 length and 3.15 width). On or about

09.03.1988, Wasi Ahmad gave an affidavit allotment/possession of the said shop in favour of the complainant to the Lucknow Development Authority, upon which on 24.03.1988, a letter of allotment was given by the office of Lucknow Development Authority to the complainant. The said shop was allotted on a sale consideration of Rs.38,400/- out of which complainant was to pay Rs.125/- per month as rent and Rs.8000/- as installment. The complainant had deposited the entire amount of sale consideration to the Page No. 3 of 12 Lucknow Development Authority as on 25.08.1992. Thereafter, complainant had moved application between 25.08.1992 to

21.12.2019 before the Lucknow Development Authority for registration of the said shop in his favour but the same was not effected. It has further been alleged that in the intervening period on 27.12.1993, the complainant, while making payment of entire sale consideration, submitted an application before the Secretary, Lucknow Development Authority and it was also alleged that on 24.03.1988, possession of the said shop was delivered to the complainant. Thereafter, on the saying of Ex- Chief Engineer of Lucknow Development Authority, Lucknow, namely, Lalit Kishore Mehrotra, son of late Madan Mohan Lal Mehrotra, resident of D.S.11, Nirala Nagar, Police Station Hasanganj, Lucknow, the said shop was given to his female friend, Seema Kapoor (revisionist herein) on rent of Rs.3000/- per month with effect from 01.02.1995 together with 10% per annum annual increase of rent, but the intention of the said Lalit Kishore Mehoratra was bad and with the collusion of some employees of Lucknow Development Authority, the said Lalit Kishore Mehoratra made the file of the said shop disappear with the intention to grab the said shop. In the meanwhile, the complainant visited the office of the Lucknow Development Authority frequently to get the said shop registered and subsequently, he got the papers relating to the said shop, upon which he got information of the criminal act of the said Lalit Kishore Mehrotra and became clear that the file of the said shop Page No. 4 of 12 had been purposely disappeared w.e.f. 25.03.2000 for 14 years and it was on 26.08.2014, that the said Lalit Kishore Mehrotra by showing the complainant dead with the collusion of the department, got the file of the said shop disappear, whereas the complainant’s address was very much mentioned in his application made before the department. It has further been alleged that Shri Ravi Prakash Awasthi, Incharge Officer and Shri D.S. Rathour, Joint Secretary, while showing the complainant missing in October, 2014, had illegally shown the said Lalit Kishore Mehrotra as owner of the said shop and this information was published in Dainik Newspaper, Times of India Express on 02.11.2014. It has also been alleged that in this conspiracy, Shri Devendra Lal Arya, Section Officer and Virendra Singh, Section Officer, of the Lucknow Development Authority were also involved. It has also been alleged by the complainant that as the rent of the said shop was not paid by Smt. Seema Kapoor (revisionist) to him, he took the key of the said shop from Smt. Seema Kapoor in the month of August, 2019 and established his Chamber in the said shop on 27.12.2019 as he is an Advocate. It has also been alleged that Smt. Seema Kapoor (revisionist) has paid only Rs.6000/- as advance on 01.02.1995 and thereafter she did not pay any rent to him and she told him that she gave rent of the said shop to Shri Lalit Kishore Mehrotra, therefore, by making forged documents, she used the Will of Page No. 5 of 12 her mother Smt. Rajrani dated 26.01.2007 for grabbing the said shop and conspiracy to get the ownership of the said shop was made. In the said conspiracy, Shri Lalit Kishore Mehrotra included the employees and officials of the Lucknow Development Authority and also in preparation of forged Will with regard to the said shop, witnesses Umesh Chandra and others, in which the sister of Lalit Kishore Mehrotra, namely, Malti Devi, Sushan Tandon, Sarojani Devi, Suman Mehrotra, Smt. Kamal Baijal etc. were also involved. It was also alleged that Lalit Kishore Mehrotra also made scam in various plots and houses of Lucknow Development Authority, by which he benefited his family and his relatives and as of now, litigation regarding some of the property is still going on. It has also been alleged by the complainant that when he confronted about showing him dead by the Lucknow Development Authority and also about forged Will from Lalit Kishore Mehrotra, then Seema Kapoor (revisionist), Ravi Prakash Awasthi and B.S. Rathour presented along with Lalit Kishore Mehrotra, had abused him and threatened him to kill and also not to meet again. (5) According to the revisionist, the allegations made in the aforesaid F.I.R. was investigated, however, as no incriminating material against the revisionist was found, the Investigating Officer had submitted Final Report No. 01 dated 16.02.2021 (hereinafter referred as ‘First Final Report’) against the Page No. 6 of 12 revisionist. This First Final Report was challenged by the complainant/respondent no.6 by filing protest application, which was registered as Criminal Misc. Case No. 89184 of

2023. The Chief Judicial Magistrate, Lucknow, vide order dated 18.04.2022, while allowing the protest petition, quashed the first final report and directed the Investigating Officer to re- investigate the matter. Pursuant to the said order dated

18.04.2022, the allegations of the aforesaid F.I.R. was re- investigated and the Investigating Officer, after due investigation, again did not find any incriminating material against the revisionist and as such, Final Report No. 02 dated

17.11.2022 (hereinafter referred to as ‘Second Final Report’) was submitted before the trial Court. (6) The complainant, thereafter, again filed protest application challenging the second final report, which came to be rejected by the Chief Judicial Magistrate, Lucknow vide order dated

12.09.2023 while accepting the Second Final Report dated

17.11.2022. Feeling aggrieved, the complainant filed Criminal Revision No. 727 of 2023, wherein the learned Additional Sessions Judge, Court No.1, Lucknow, vide order dated

12.08.2024, while allowing the aforesaid revision, set-aside the order dated 12.09.2023 passed by the Chief Judicial Magistrate and remitted the matter to the Chief Judicial Magistrate for fresh consideration in accordance with law. It is this order Page No. 7 of 12 dated 12.08.2024, which has been assailed by the revisionist in the present revision. Scope of Revision under Section 397 and 401 of Cr.P.C.- (7) Before analyzing the facts and grounds of the case on merits, it would be appropriate to examine the scope and ambit of criminal revision/powers of Court under Sections 397 and 401 of Cr.P.C. In this connection, this Court deems it apt to refer the decisions of Apex Court in State Vs. R. Soundirarasu : AIR 2022 SC 4218, wherein the Apex Court has held as under:-

Brief facts relevant for the disposal of present revision are that pursuant to the order passed by the Chief Judicial Magistrate, Lucknow on an application filed by the complainant/ respondent no.6 (Uma Shankar) registered as Criminal Misc. Case No. 89184 of 2023 under Section 156 (3) Cr.P.C., an F.I.R. dated 09.01.2021, bearing Case Crime No. 0015 of 2021, under Sections 406, 419, 420, 467, 468, 471, 504, 506, 447 I.P.C. was registered at Police Station No. Gomti Nagar, Lucknow, against Seema Kapoor (revisionist) and others. It is alleged that complainant(Uma Shankar) had a shop, bearing No.13, area

24.6225 Sq. Mt. (7.35 length and 3.15 width). On or about

09.03.1988, Wasi Ahmad gave an affidavit allotment/possession of the said shop in favour of the complainant to the Lucknow Development Authority, upon which on 24.03.1988, a letter of allotment was given by the office of Lucknow Development Authority to the complainant. The said shop was allotted on a sale consideration of Rs.38,400/- out of which complainant was to pay Rs.125/- per month as rent and Rs.8000/- as installment. The complainant had deposited the entire amount of sale consideration to the Page No. 3 of 12 Lucknow Development Authority as on 25.08.1992. Thereafter, complainant had moved application between 25.08.1992 to

21.12.2019 before the Lucknow Development Authority for registration of the said shop in his favour but the same was not effected. It has further been alleged that in the intervening period on 27.12.1993, the complainant, while making payment of entire sale consideration, submitted an application before the Secretary, Lucknow Development Authority and it was also alleged that on 24.03.1988, possession of the said shop was delivered to the complainant. Thereafter, on the saying of Ex- Chief Engineer of Lucknow Development Authority, Lucknow, namely, Lalit Kishore Mehrotra, son of late Madan Mohan Lal Mehrotra, resident of D.S.11, Nirala Nagar, Police Station Hasanganj, Lucknow, the said shop was given to his female friend, Seema Kapoor (revisionist herein) on rent of Rs.3000/- per month with effect from 01.02.1995 together with 10% per annum annual increase of rent, but the intention of the said Lalit Kishore Mehoratra was bad and with the collusion of some employees of Lucknow Development Authority, the said Lalit Kishore Mehoratra made the file of the said shop disappear with the intention to grab the said shop. In the meanwhile, the complainant visited the office of the Lucknow Development Authority frequently to get the said shop registered and subsequently, he got the papers relating to the said shop, upon which he got information of the criminal act of the said Lalit Kishore Mehrotra and became clear that the file of the said shop Page No. 4 of 12 had been purposely disappeared w.e.f. 25.03.2000 for 14 years and it was on 26.08.2014, that the said Lalit Kishore Mehrotra by showing the complainant dead with the collusion of the department, got the file of the said shop disappear, whereas the complainant’s address was very much mentioned in his application made before the department. It has further been alleged that Shri Ravi Prakash Awasthi, Incharge Officer and Shri D.S. Rathour, Joint Secretary, while showing the complainant missing in October, 2014, had illegally shown the said Lalit Kishore Mehrotra as owner of the said shop and this information was published in Dainik Newspaper, Times of India Express on 02.11.2014. It has also been alleged that in this conspiracy, Shri Devendra Lal Arya, Section Officer and Virendra Singh, Section Officer, of the Lucknow Development Authority were also involved. It has also been alleged by the complainant that as the rent of the said shop was not paid by Smt. Seema Kapoor (revisionist) to him, he took the key of the said shop from Smt. Seema Kapoor in the month of August, 2019 and established his Chamber in the said shop on 27.12.2019 as he is an Advocate. It has also been alleged that Smt. Seema Kapoor (revisionist) has paid only Rs.6000/- as advance on 01.02.1995 and thereafter she did not pay any rent to him and she told him that she gave rent of the said shop to Shri Lalit Kishore Mehrotra, therefore, by making forged documents, she used the Will of Page No. 5 of 12 her mother Smt. Rajrani dated 26.01.2007 for grabbing the said shop and conspiracy to get the ownership of the said shop was made. In the said conspiracy, Shri Lalit Kishore Mehrotra included the employees and officials of the Lucknow Development Authority and also in preparation of forged Will with regard to the said shop, witnesses Umesh Chandra and others, in which the sister of Lalit Kishore Mehrotra, namely, Malti Devi, Sushan Tandon, Sarojani Devi, Suman Mehrotra, Smt. Kamal Baijal etc. were also involved. It was also alleged that Lalit Kishore Mehrotra also made scam in various plots and houses of Lucknow Development Authority, by which he benefited his family and his relatives and as of now, litigation regarding some of the property is still going on. It has also been alleged by the complainant that when he confronted about showing him dead by the Lucknow Development Authority and also about forged Will from Lalit Kishore Mehrotra, then Seema Kapoor (revisionist), Ravi Prakash Awasthi and B.S. Rathour presented along with Lalit Kishore Mehrotra, had abused him and threatened him to kill and also not to meet again. (5) According to the revisionist, the allegations made in the aforesaid F.I.R. was investigated, however, as no incriminating material against the revisionist was found, the Investigating Officer had submitted Final Report No. 01 dated 16.02.2021 (hereinafter referred as ‘First Final Report’) against the Page No. 6 of 12 revisionist. This First Final Report was challenged by the complainant/respondent no.6 by filing protest application, which was registered as Criminal Misc. Case No. 89184 of

2023. The Chief Judicial Magistrate, Lucknow, vide order dated 18.04.2022, while allowing the protest petition, quashed the first final report and directed the Investigating Officer to re- investigate the matter. Pursuant to the said order dated

18.04.2022, the allegations of the aforesaid F.I.R. was re- investigated and the Investigating Officer, after due investigation, again did not find any incriminating material against the revisionist and as such, Final Report No. 02 dated

17.11.2022 (hereinafter referred to as ‘Second Final Report’) was submitted before the trial Court. (6) The complainant, thereafter, again filed protest application challenging the second final report, which came to be rejected by the Chief Judicial Magistrate, Lucknow vide order dated

12.09.2023 while accepting the Second Final Report dated

17.11.2022. Feeling aggrieved, the complainant filed Criminal Revision No. 727 of 2023, wherein the learned Additional Sessions Judge, Court No.1, Lucknow, vide order dated

12.08.2024, while allowing the aforesaid revision, set-aside the order dated 12.09.2023 passed by the Chief Judicial Magistrate and remitted the matter to the Chief Judicial Magistrate for fresh consideration in accordance with law. It is this order Page No. 7 of 12 dated 12.08.2024, which has been assailed by the revisionist in the present revision. Scope of Revision under Section 397 and 401 of Cr.P.C.- (7) Before analyzing the facts and grounds of the case on merits, it would be appropriate to examine the scope and ambit of criminal revision/powers of Court under Sections 397 and 401 of Cr.P.C. In this connection, this Court deems it apt to refer the decisions of Apex Court in State Vs. R. Soundirarasu : AIR 2022 SC 4218, wherein the Apex Court has held as under:-