Tuttee And 2 Others vs State Of U.P. And Another
2022 Latest Caselaw 21721 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 83
 

 
Case :- CRIMINAL REVISION No. - 4586 of 2022
 

 
Revisionist :- Tuttee And 2 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Revisionist :- Sanjay Singh Sengar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Arvind Kumar Mishra-I,J.

Heard learned counsel for the revisionists, learned A.G.A. for the State and perused the material available on record.

By way of the instant revision, challenge has been made to the judgment and order dated 10.10.2022, passed by Sessions Judge, Mahoba in Sessions Trial No. 108 of 2022 (State versus Kamlesh Ahirwar), arising out of Case Crime No. 219 of 2021, under Sections - 302, 506 I.P.C., Police Station - Anjnar, District - Mahoba, whereby the trial court allow the application of the opposite party no.2, filed under Section - 319 Cr.P.C. and summoned the revisionists to face trial.

The factual aspect regarding of non involvement of the revisionists in commission of the crime pertaining to proceeding underway in concerned Sessions Trial No.108 of 2022 in the sessions court of Mahoba, under Sections ? 302, 506 I.P.C. Police Station ? Ajnar has been assailed both on factual as well as on legal grounds.

Also heard the learned A.G.A.

I have gone through the impugned order dated 10.10.2022, certified copy whereof has been brought on record. Bare perusal of the same shows that the order for the time being merely summons the revisionists in the matter and nothing more. The grounds both factual as well as legal as stated by way of this revision may be duly and conveniently considered by the lower court concerned.

However, taking into consideration the facts and circumstances of the case, it is provided that in case the revisionists move an appropriate application seeking immunity from charge before the lower court concerned on or before 16th December, 2022, the same shall be duly considered and disposed of by the court below in accordance with law after affording an opportunity of hearing to all concerned.

Till 16th January, 2023 from today, in case any application is moved, then till consideration and disposal of that application, the proceedings in the aforesaid case, in respect of present revisionists, shall be kept in abeyance. However, the proceeding against other accused save the present revisionists may go on, for which no relief is being given by this Court.

With the aforesaid observation, this application stands disposed of.

Nothing has been observed on the merits of the case.

Order Date :- 19.12.2022

S Rawat