Rama Kant Shukla vs State Of U.P. & Ors.
2017 Latest Caselaw 4444 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 25
 

 
Case :- CRIMINAL REVISION DEFECTIVE No. - 603 of 2015
 
Revisionist :- Rama Kant Shukla
 
Opposite Party :- State Of U.P. & Ors.
 
Counsel for Revisionist :- Richa Srivastava,S.K. Singh Kalhans
 
Counsel for Opposite Party :- Govt. Advocate,Amitabh Shukla
 

 
Hon'ble Ravindra Nath Mishra-II,J.

1. Learned counsel for applicant is present. He has moved an application to recall of order dated 21.04.2017 passed in Criminal Revision No. 603 of 2015 Rama Kant Shukla Vs. State of U.P.

2. It is pointed that during pendency of Session Trial No. 95 of 2014 State Vs Shrawan Kumar and others under Sections 147, 148, 149, 304, 323, 506,325 and 325 I.P.C, Police Station- Mankapur, District-Gonda.

3. An application under Section 319 Cr.P.C was moved by prosecution to summon Uttam Shukla, Daya Shankar, Rama Shankar and Shiv Shankar, the applicant in the case. learned Session Judge rejected the application, against which Shri Rama Kanta, revisionist filed Revision No.603/2015. Meanwhile, Session Trial No. 95 of 2015 was concluded but this fact was not brought on record by revisionist.

4. He has further submitted that the revisionist deliberately concealed this fact. He also submitted that after conclusion of trial, the application for fresh disposal, as directed in revision has become infructuous.

5. None is present on behalf of opposite parties to controvert this fact. However, unless the judgment of Session Trial No. 95/2015 is brought on record. It cannot be held that Session Trial has concluded, therefore, the applicant wants to file copy of judgment passed in above session trial.

6. List on 24.10.2017.

Order Date :- 14.9.2017

Pachhere/-