Dharmagya Misra vs State Of U.P.
2022 Latest Caselaw 6637 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 10
 

 
Case :- CRIMINAL REVISION No. - 160 of 2009
 
Revisionist :- Dharmagya Misra
 
Opposite Party :- State of U.P.
 
Counsel for Revisionist :- R.N. Gupta
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Dinesh Kumar Singh,J.

1. As learned counsel for the revisionist had expired, card notice was issued by this Court vide order dated 21.04.2022 to the revisionist for engaging some other counsel.

2. As per office report as well as report submitted by the Chief Judicial Magistrate, Hardoi, the card notice has been served upon the revisionist in person.

3. Despite service of card notice, no one has put in appearance on behalf of the revisionist to press this revision.

4. This revision under Section 397 CrPC has been filed against the judgment and orders dated 27.11.2008 and 10.02.2009 passed by the Chief Judicial Magistrate, Hardoi in Criminal Case No.3513 of 2008 as well as the order dated 02.03.2009 in respect of Crime No.0233 of 2002, under Sections 147, 148,149,307,323,332,353,336,504,506 and 427 IPC read with Section 7 Criminal Law Amendment Act, Section 150 of Indian Railways Act and Section 4 Prevention of Damage to Public Property Act lodged at Police Station Mallawan, District Hardoi.

5. The learned Magistrate has rejected the application filed by the revisionist under Section 321 CrPC.

6. The Criminal Procedure Code does not give any right to an accused to move an application under Section 321. The right of moving an application for withdrawal of the prosecution only vests with the Public Prosecutor. In view thereof, this Court does not find any error having been committed by the learned Magistrate while passing the impugned order. Even otherwise, there is no merit and substance in this revision and, therefore, the revision is dismissed for want of prosecution as well as on merit.

Order Date :- 12.7.2022 MVS/-