Prem Narayan Pandey vs State Of U.P.
2012 Latest Caselaw 2154 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 12
 

 
Case :- CRIMINAL REVISION No. - 609 of 2005
 

 
Petitioner :- Prem Narayan Pandey
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Rajendra Prasad Mishra
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Ravindra Singh,J.

Heard R. P. Mishra, learned counsel for the revisionist and learned A.G.A. for the State of U. P.

This revision has been filed against the order dated 17.11.2005 passed by learned Addl. Sessions Judge/FTC-5, Gonda in S?. No. 259 of 2004 whereby the discharge application filed by the revisionist has been dismissed.

From the perusal of the impugned order it appears that learned trial court has come to the conclusion that on the basis of the evidence collected by the I.O. offence under sections 147, 148, 149, 307, 504, 506 IPC and read with section 120-B IPC is made out. There is no illegality in the impugned order, therefore, the prayer for quashing the same is refused.

However, it is directed that in case the charge has not been framed, the charge shall be framed after hearing the revisionist or his counsel considering the submissions made by learned counsel for the revisionist that other co-accused persons have been acquitted  on 23.8.2008 in S.T. No. 259 of 2004. The proceedings of the trial shall be expedited  without granting any unnecessary adjournment to either of the side, if possible, the same shall be commenced on day to day basis.

Accordingly this revision is disposed of.

Office is directed to communicate a copy of this order to learned Sessions Judge, Gonda forthwith for the compliance.

Order Date :- 24.5.2012

RPD