Brijesh Singh vs State Of U.P.Through Sessiond ...
2013 Latest Caselaw 2134 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- U/S 482/378/407 No. - 3096 of 2007
 

 
Petitioner :- Brijesh Singh
 
Respondent :- State Of U.P.Through Sessiond Judge Dist.Pratapgarh.& 2 Ors.
 
Petitioner Counsel :- Sumit K. Srivastava
 
Respondent Counsel :- Govt.Advocate,Ravi Shanker Singh
 

 
Hon'ble Ravindra Singh,J.

Heard learned counsel for the applicant and learned A.G.A.

This application has been filed with a prayer to set aside the order dated 22.9.2007 passed by learned Sessions Judge, Pratapgarh in Criminal Revision No. 111 of 2007 whereby the revision has been allowed by setting aside the order dated 28.3.2007 passed by learned Magistrate concerned and case was remanded back for passing the fresh order.

From the perusal of the record it appears that in the present case the final report has been submitted in case crime No. 2067 of 2006 under section 3/7 E.C. Act, P.S. Lalganj, District Pratapgarh in which the protest petition has been filed not by the first informant, it was filed by some other person, the same has been rejected by learned Magistrate concerned vide order dated 28.3.2007 and final report has been accepted. The order dated 28.3.2007 has been set aside by the learned Magistrate concerned by passing the impugned order dated 22.9.2007 the matter has been sent back for passing the fresh order. It appears that the learned revisional court has not committed any error in remanding the case  for passing the fresh order. The impugned order dated 22.9.2007  is not suffering from any illegality. It is directed that learned Magistrate shall pass a fresh order in accordance with law not by guided by any observation made by learned Sessions Judge in the impugned order dated 22.9.2007.

Accordingly this application is disposed of.

Let a copy of this order be communicated to court concerned through C.J.M. Pratapgarh forthwith for the compliance.

Order Date :- 15.5.2013

RPD