Asad vs State Of U.P. And Another
2022 Latest Caselaw 4067 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 93
 

 
Case :- CRIMINAL REVISION DEFECTIVE No. - 581 of 2010
 
Revisionist :- Asad
 
Opposite Party :- State of U.P. and Another
 
Counsel for Revisionist :- Amit Mishra,Viresh Mishra
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Shamim Ahmed,J.

(Criminal Misc. Delay Condonation Application No. 349392 of 2010)

List has been revised.

As per office report dated 23.03.2017 notice has already been served upon opposite party no.2 but till today neither anyone has appeared on his behalf nor counter affidavit has been filed.

Heard learned counsel for the revisionist-applicant and learned A.G.A. for the State.

This revision has been filed with delay of 217 days against the judgment and order dated 28.01.2010 passed by the Chief Judicial Magistrate, J.P.Nagar rejecting the discharge application and summoning the revisionist in Case No. 4596/2008 (State Vs. Shariq and others) in Case Crime No. 1232 of 2008, under Section 452, 352, 504, 506 I.P.C., Police Station Amroha Nagar, District J.P. Nagar.

Learned A.G.A. for the State submits that the delay may be condoned and the case may be decided on merits.

Accordingly, in view of the statement made by the learned A.G.A. the application for condonation of delay is allowed. The delay in filing the revision is condoned.

Office is directed to allot regular number to this revision.

Order on memo of revision

List has been revised.

As per office report dated 23.03.2017 notice has already been served upon opposite party no.2 but till today neither anyone has appeared on his behalf nor counter affidavit has been filed.

Heard learned counsel for the revisionist-applicant and learned A.G.A. for the State.

Learned A.G.A. submits that there appears no illegality or infirmity in the impugned judgment and order passed by the court below, therefore, the present revision may be dismissed.

After having gone through the judgment and order passed by the court below and also perusal of the record and the arguments advanced by learned counsel for the revisionist and learned Additional Advocate General, this Court comes to the conclusion that the same need no interference as there is no illegality or infirmity in the judgment and order under challenge, therefore, the present revision is liable to be dismissed.

Accordingly, the present revision is dismissed.

Let a copy of this order be sent to the concerned District and Sessions Judge for its onwards transmission to the concerned Magistrate for compliance who will proceed further in the matter.

The file is consigned to record.

Let the lower Court record, if any, be returned back to the concerned Court.

Order Date :- 25.5.2022

Arvind