State Of U.P. vs Jaisraj Chauhan And (5) Ors.
2012 Latest Caselaw 1994 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 12
 

 
Case :- CRIMINAL REVISION No. - 23 of 2003
 

 
Petitioner :- State Of U.P.
 
Respondent :- Jaisraj Chauhan And (5) Ors.
 
Petitioner Counsel :- Govt.Advocate
 
Respondent Counsel :- S.C. Srivastava,Mustafa Khan
 

 
Hon'ble Ravindra Singh,J.

List is revised.

None appears on behalf of the accused/ respondents.

This revision has been filed against the order dated 31.3.2000 passed by learned Special Judge (Gangster Act), Faizabad in Gangster case No. 40 of 1999  whereby the accused respondent has been passed for the offence punishable under section 3(1) of U.P. Gangster Act.

From the perusal of the impugned order dated 31.3.2000  it appears that some cases have been shown in the gang chart, on the basis of those cases the FIR was registered  and after doing the investigation  the chargesheet was submitted against the accused respondents but it is surprising that accused respondents  have been discharged  without any proper reason and it has been mentioned by the Special Judge that the chargesheet has been submitted  on the basis of pendency of the earlier cases which have been shown in the gang chart. The order dated 31.3.2000  is not speaking order. It is illegal and is hereby set aside.

The office is directed to communicate a copy of this order to learned Special Judge (Gangster Act), Faizabad forthwith who shall proceed further against the accused respondents  in accordance with law after affording opportunity to the parties concerned as required by the law.

Accordingly this revision is disposed of.

Order Date :- 21.5.2012

RPD