Dinesh Pandey And (2) Ors. vs State Of U.P.& Another.
2012 Latest Caselaw 1849 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 12
 

 
Case :- CRIMINAL REVISION No. - 71 of 2004
 

 
Petitioner :- Dinesh Pandey And (2) Ors.
 
Respondent :- State Of U.P.& Another.
 
Petitioner Counsel :- Arun Kumar Tripathi
 
Respondent Counsel :- Govt.Advocate,Nagendra B. Singh
 

 
Hon'ble Ravindra Singh,J.

Heard learned counsel for the revisionists, learned A.G.A. for the State of U.P. and Dr. Gyan Singh, learned counsel for O.P. No. 2.

This revision has been filed against the judgement and order dated 29.11.2003 passed by learned Addl. Sessions Judge/FTC-II Pratapgarh in Criminal Misc. Case No. 30 of 1997 whereby the order dated 18.9.1996 passed by learned A.C.J.M., Prataparh in Criminal case No. 622 of 1993 has been set aside and the matter has been remitted to the court of learned Magistrate concerned.

From the perusal of the record it appears that in the present case the revisionists were not accused and they were facing the trial in criminal case No. 622 of 1993 under sections 323, 325, 504 IPC but the witnesses were not turning up that is why the revisionists were acquitted by learned Magistrate concerned on 18.9.1996. The order dated 18.9.1996 was challenged by O.P.No. 2 by way of filing the Criminal Misc. Case No. 30 of 1997 whereby the learned Addl. Sessions Judge/ FTC-II, Pratapgarh set aside the order dated 18.9.1996 and the matter was remitted to the court of learned Magistrate concerned to proceed further and to decide the case on merit after opportunity of being heard to the O.P. No. 2 and others. It appears that the learned Addl. Sessions Judge/ FTC-II, Pratapgarh has passed a well reasoned order which shows that the proper opportunity was not provided to O.P.No. 2 and the witnesses and without affording the opportunity the learned Magistrate concerned acquitted the revisionists for the offence punishable under sections 323, 325, 504 IPC. After setting aside the order dated 18.9.1996 the matter has been remitted to the learned Magistrate concerned to proceed further in accordance with law after affording the opportunity to the O.P. No. 2 and others. The order dated 29.11.2003 is not suffering from any illegality, the prayer for quashing the same is refused.

The interim order dated 15.1.2004 is hereby vacated.

The office is directed to communicate a copy of this order to learned Sessions Judge, Pratapgarh so that the trial court may proceed further expeditiously in accordance with law.

Accordingly this revision is disposed of.

Order Date :- 17.5.2012

RPD