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Kedar Nath v. State of U.P. and Others

Dismiss other than merit(DD/Non Prosec./Abated)
Court
High Court of Judicature at Allahabad
Decided
27 October 2023
Case no.
CRLR 2215/2001

Judgment

Court No. - 69 Case :- CRIMINAL REVISION No. - 2215 of 2001 Revisionist :- Kedar Nath Opposite Party :- State of U.P. and Others Counsel for Revisionist :- R.B.Sahai Counsel for Opposite Party :- Govt. Advocate,L.K.Tripathi Hon'ble Samit Gopal,J.

¶1List revised.

¶2No one appears on behalf of the revisionist to press this revision even when the matter has been taken up in the revised list. Sri L.K. Tripathi, learned counsel for the opposite party nos. 2 to 5 is also not present.

¶3Sri Ajay Singh, learned A.G.A.-I for the State is present who has been heard.

¶4Previously on 19.1.2019 when the matter was taken up, no one had appeared to press this revision. Today again in the revised call, no one from the side of the revisionist is present to press this revision. The matter is of the year 2001.

¶5The present criminal revision has been filed by the revisionist against the judgement and order dated 19.7.2001 passed by the Sessions Judge, Kushi Nagar in Criminal Revision No. 218 of 2001, Ram Lakshan Singh vs. U.P. State and another, whereby the said revision has been allowed and the order of Magistrate has been quashed.

¶6The facts of the case are that an application was moved before the Magistrate under Section 156(3) Cr.P.C. with the prayer to direct lodging of an F.I.R. The said application was allowed and a direction was issued for lodging of the F.I.R. and its investigation vide order dated 16.6.2001. Against the said order a revision was filed before the Sessions Judge concerned under Section 397 Cr.P.C. which was allowed and the order of Magistrate was quashed.

¶7This Court has perused the records including the order dated

16.6.2001 passed by the Magistrate and the judgement and order dated 19.7.2001 passed by the revisional court. A perusal of the same goes to show that the same has been passed after considering the matter in detail. The revisional court has proceeded to decide the revision by a detailed and speaking order. Further the incident in the said case is of 12.6.2001. More than 23 years since then have passed. Since the judgement and order of the revisional court is a well reasoned and a detailed order, no interference is called for.

¶8The present revision stands dismissed. (Samit Gopal,J.) Order Date :- 28.10.2023 Naresh High Court of Judicature at Allahabad

Source: High Court of Judicature at Allahabad, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.