Subedar v. State of U.P

Court No. - 69 Case :- CRIMINAL REVISION DEFECTIVE No. - 289 of 2001 Revisionist :- Subedar Opposite Party :- State of U.P. Counsel for Revisionist :- Umesh Vats,B.N. Singh Counsel for Opposite Party :- Govt. Advocate Hon'ble Samit Gopal,J.

¶1List revised. No one appears on behalf of the revisionist to press this revision. Sri Ajay Singh, learned AGA-I for the State is present.

¶2This revision has been preferred against the judgment and order dated 28.06.2001 passed by the District and Sessions Judge, Kushi Nagar in Session Trial No. 187 of 2001 (State Vs. Jamalluddin), Police Station Ramkola, District Kushinagar by which the accused has been acquitted of the charges levelled against him under Section 436 IPC.

¶3The revision was reported to be beyond time by 29 days.

¶4Notice was issued on the delay condonation application vide order dated 02.11.2001. As per the office report dated 25.10.2023 notice could not be issued because only State is an opposite party in the present revision.

¶5The records show that the accused has not been made as a necessary opposite party and as such no notice could be issued to him.

¶6Despite the matter being taken up in the revised list, no one appears on behalf of the revisionist.

¶7In view of the same, the revision stands dismissed on the misjoinder of the parties. Order Date :- 26.10.2023 M. ARIF (Samit Gopal, J.) High Court of Judicature at Allahabad