Doctor A.K. Jain vs State Of U.P. And Others
2022 Latest Caselaw 3964 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 90
 
Case :- CRIMINAL REVISION No. - 4710 of 2006
 

 
Revisionist :- Doctor A.K. Jain
 
Opposite Party :- State of U.P. and Others
 
Counsel for Revisionist :- Lal Chandra Mishra
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Suresh Kumar Gupta,J.

List revised. None is present on behalf of the revisionist. Learned A.G.A. is present.

Heard learned A.G.A. and perused the record.

This revision has been filed to set aside the judgment and order dated 11.8.2006 passed by the Sessions Judge, Jhansi in Criminal Revision No. 172 of 2006

The Sessions Judge in his impugned order allow the revision and passed order dropping the proceedings under Section 133 Cr.P.C. was set aside. The matter is remanded back to the learned Magistrate to proceed under the provisions of Section 137 (2) of the Cr.P.C. in order to assess the reliability of the evidence concerning the denial of the existence of public right.

Being aggrieved this revision has been filed by Dr.A.K. Jain and Dr.A.K. Jain is not contesting party in the revision before the Sessions Court. Interim order has been granted on 11.9.2006.

After considering the submission advanced by the learned A.G.A. and perused the record, it appears impugned judgment/order has been passed after proper appraisal of the material available on record and thus, there is no irregularity, impropriety and perversity in the judgment/order of the court below. Therefore, the revision is devoid of merit and is liable to be dismissed.

The revision is dismissed.

Interim order, if any, is vacated.

Order of this Court be communicated to court below for necessary compliance.

Lower court record, if any, shall be transmitted to the court below concerned.

Order Date :- 24.5.2022

Anuj Singh