Allahabad High Court
Balwaan Singh vs The State Of U.P. on 20 August, 2018
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 29
Case :- CRIMINAL REVISION No. - 484 of 2003
Revisionist :- Balwaan Singh
Opposite Party :- The State Of U.P.
Counsel for Revisionist :- Neeraj Sahu,Shweeta Gupta
Counsel for Opposite Party :- Govt.Advocate
Hon'ble Rajesh Singh Chauhan,J.
List revised.
No one appeared on behalf of the revisionist to press this revision.
Vide orders dated 29.01.2018 and 06.08.2018, the Chief Judicial Magistrate, Hardoi was directed to submit his report. The orders dated 29.01.2018 and 06.08.2018 are reproduced here-in-below:-
"Despite the list having been revised, no one appears for the revisionist. Learned A.G.A. is present for the State.
In pursuance to the order dated 14.7.2017 a letter dated 25.8.2017 was sent by the Chief Judicial Magistrate, Hardoi to Chief Judicial Magistrate, Ghaziabad for providing the papers pertaining to the sureties of the revisionist. In pursuance thereof a letter dated 30.8.2017 sent by the Chief Judicial Magistrate, Ghaziabad to the Chief Judicial Magistrate, Hardoi is on the record which indicates that the Chief Judicial Magistrate, Ghaziabad has indicated that because the both the Trial Court judgment dated 4.11.1999 and the appellate Court judgment dated 8.9.2003 have been passed from Hardoi, as such even the sureties also belong to district Hardoi.
In such circumstances particularly when the Chief Judicial Magistrate, Hardoi and Chief Judicial Magistrate, Ghaziabad are shifting the burden upon each other pertaining to the sureties, let a report be submitted by the Chief Judicial Magistrate, Hardoi pertaining to the details of the two sureties given by the revisionist in pursuance to the order dated 11.11.2003 as passed by this Court.
List after four weeks.
Order Date:-29.01.2018"
"Order sheet reveals that in compliance of the order dated 29.1.2018, the report from CJM Hardoi has been called for and the same is still awaited.
Therefore, list again in the week commencing 20.8.2018.
On the next date of listing, the CJM Hardoi is directed to submit its report in compliance of the order dated 29.1.2018.
Office to proceed accordingly.
Order Date:-6.8.2018"
Office report reveals that the report of the Chief Judicial Magistrate, Hardoi is still awaited.
More than six months have already lapsed from 29.01.2018 when this Court was pleased to direct the Chief Judicial Magistrate, Hardoi to submit his report but no report has been filed.
List this case on 31.08.2018. On the said date, the Chief Judicial Magistrate, Hardoi shall submit his report in compliance of the aforesaid orders of this Court and also file his explanation as to why the order dated 29.01.2018 has not been complied with whereby he was required to file specific report.
Order Date :- 20.8.2018
Suresh/
[Rajesh Singh Chauhan,J.]
