Mohammad Tahir vs State Of U.P. And Another
2022 Latest Caselaw 3383 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 93
 

 
Case :- CRIMINAL REVISION No. - 4278 of 2005
 
Revisionist :- Mohammad Tahir
 
Opposite Party :- State of U.P. and Another
 
Counsel for Revisionist :- Gaurav Kakkar
 
Counsel for Opposite Party :- Govt. Advocate,Sunil Kumar
 

 
Hon'ble Shamim Ahmed,J.

Heard Sri Gaurav Kakkar, learned counsel for the revisionist and Sri Sanay Kumar Singh, learned A.G.A. for the State.

The present revision has been filed filed against the judgment and order dated 16.03.20015 and 14.06.2005 by means of which the Additional Chief Judicial Magistrate, Khurja, Bulandshahar passed an order issuing non-bailable warrant against the revisionist on the basis of the order dated 14.06.2005 in complaint case no. 2156 of 2004: Hazi Abdul Gani Vs. Mohammad Tahir and others by means of which the court has summoned the revisionist under the provision of Section 468, 471, 420, 504 and 506 I.P.C.

The contention of the learned counsel for the revisionist is that no offence against the revisionist is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment.

Per contra, the learned A.G.A. has contended that from the allegations made in the F.I.R. prima facie offence is made out against the revisionist. The innocence of the revisionist cannot be adjudged at the pre trial stage. Therefore, the revisionist does not deserve any indulgence.

From the perusal of the materials on record and looking into the facts of the case and after considering the arguments made at the bar, it does not appear that no offence has been made out against the revisionist and the revisionist is directed to appear and surrender before the court below and apply for bail within three week's from today, the prayer for bail shall be considered expeditiously, say within a period of three weeks thereafter by the court below in accordance with law after hearing the Public Prosecutor.

With the aforesaid observations/directions, this appeal is finally disposed of.

Interim order, if any, stands vacated.

The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad or certified copy issued fro the Registry of the High Court, Allahabad.

The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

Order Date :- 18.5.2022

Arvind