Alauddin And Others vs State Of U.P. And Another
2022 Latest Caselaw 3384 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 93
 

 
Case :- CRIMINAL REVISION No. - 3330 of 2005
 
Revisionist :- Alauddin And Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Revisionist :- Dileep Kumar Srivastava
 
Counsel for Opposite Party :- Govt. Advocate,Juned Alam,S.A. Lari
 

 
Hon'ble Shamim Ahmed,J.

Heard Sri Dileep Kumar Srivastava, learned counsel for the revisionists 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 13.06.2005 passed by the IIIrd Additional Civil Judge (Junior Division)/Judicial Magistrate, Kasya, Kushi Nagar in Complaint Case No. 57 of 2005 (Khodauddin Vs. Alauddin and others) to summon the revisionists for the offence under Sections 419, 420, 467, 468, 471 I.P.C.

The contention of the learned counsel for the revisionists is that no offence against the revisionists are 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 revisionists. The innocence of the revisionists cannot be adjudged at the pre trial stage. Therefore, the revisionists do 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 revisionists and the revisionists are 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