Ram Anuj And Another. vs State Of U.P.& Another.
2012 Latest Caselaw 2163 ALL

Citation : 2012 Latest Caselaw 2163 ALL
Judgement Date : 24 May, 2012

Allahabad High Court

Ram Anuj And Another. vs State Of U.P.& Another. on 24 May, 2012

Bench: Ravindra Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 12
 

 
Case :- CRIMINAL REVISION No. - 353 of 2004
 

 
Petitioner :- Ram Anuj And Another.
 
Respondent :- State Of U.P.& Another.
 
Petitioner Counsel :- D.Raj Mishra
 
Respondent Counsel :- Govt.Advocate
 

 
Hon'ble Ravindra Singh,J.

List is revised.

None appears to press this revision.

It is too old revision.

Heard learned A.G.A. perused the record.

This revision has been filed against the order dated 4.6.2004 passed by learned Addl. Sessions Judge/ FTC-4, Gonda in Criminal Case No. 70 of 2002 whereby the revision was allowed and order dated 11.2.2002 passed by learned II-Addl. J.M. Gonda recording the summoning order was set aside. The learned Magistrate concerned was directed to pass an appropriate order in accordance with law.

From the perusal of the record it appears that in the present case on the basis of the complaint filed by O.P. No. 2 the revisionists were summoned in criminal case No. 220 of 2001 but against the order of the summoning the revisionists filed the objection, on the basis of the objection filed by the revisionists the learned Magistrate concerned recalled the order dated 25.7.2001 by which the accused persons were summoned. The order dated 11.2.2002 passed by learned J.M.-II, Gonda recalling the sumoning order is illegal because the objection on the side of accused person is not maintainable. The learned Magistrate concerned has committed a manifest error in recalling the order dated 25.7.2001. The order dated 11.2.2002 passed by learned J.M.-II was set aside by learned revisional court in criminal revision No. 70 of 2002 on 4.6.2004 and the matter was remitted to the court of Magistrate concerned to pass an appropriate order in accordance with law. The order dated 4.6.2004 passed by learned revisional court is not suffering from any illegalities, the prayer for quashing the same is refused.

Accordingly this revision is dismissed.

Let a copy of this order be communicated to the court concerned through C.J.M. Gonda forthwith so that the court concerned may proceed further in accordance with law against the revisionists.

Order Date :- 24.5.2012

RPD