Dinesh Kumar Srivastava vs State Of U.P. & Another
2021 Latest Caselaw 10952 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 27
 
Case :- CRIMINAL REVISION DEFECTIVE No. - 503 of 2021
 
Revisionist :- Dinesh Kumar Srivastava
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Revisionist :- Sheikh Mohammad Ali
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Karunesh Singh Pawar,J.

Learned A.G.A. at the outset submits that the present revision is not maintainable against the order dated 27.01.2021 passed in criminal misc. case No. 1985/2019 passed by Additional District and Sessions Judge/Special Judge (Prevention of Anticorruption Act), Court No. 6, Lucknow as by the impugned order the application under Section 311 Cr.P.C. has been decided. The order is interlocutory in nature and there is specific bar under Section 397 (2) Cr.P.C. in this regard. In support his contention he has relied on the judgment of this Court "Anil Bhati Vs. Union of India and others" reported in "2019 109 ACC 738".

Learned counsel for the revisionist at this stage could not dispute the settled preposition of law, however, he prays that he may be permitted to avail alternative remedy as per law.

In view of the above, the petition is dismissed as not maintanable.

The liberty is given to learned counsel for the revisionist to assail the impugned order as per law.

Office is directed to return the certified copy of impugned order to learned counsel for the revisionist as per rules of the Court.

Order Date :- 26.8.2021

R.C.