Citation : 2015 Latest Caselaw 3084 ALL
Judgement Date : 12 October, 2015
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 53 Case :- CRIMINAL REVISION No. - 3766 of 2015 Revisionist :- Ible Hasan Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- V.P. Gupta Counsel for Opposite Party :- Govt.Advocate Hon'ble Pankaj Naqvi,J.
Heard learned counsel for the revisionist and the learned A.G.A.
This revision is preferred against the order dated 15.9.2015 passed by Addl. Sessions Judge, Amroha in S.T. No. 327 of 2013 rejecting an application u/s 311 CrPC.
Sri Vimlendu Tripathi, learned A.G.A. on the strength of judgments of Apex Court in the case of Sethuraman vs. Rajamanickam, 2009 (5) SCC 153 and that of Division Bench of this Court in the case of Asif Husain vs. State of U.P., 2007 (1) ACC 249 contends that against the order impugned, a revision is not maintainable.
Learned counsel for the applicant is not in a position to dispute the said contention.
The Court finds merit in the contention of the learned A.G.A.
The revision is dismissed as not maintainable. The office is directed to return the certified copy of the order impugned to the learned counsel for the revisionist to pursue such remedy as is available under law.
Order Date :- 12.10.2015
N.S.Rathour
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