State Of U.P. vs Bobby S/O Sukhpal
2023 Latest Caselaw 22613 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:170467
 
Court No. - 82
 

 
Case :- CRIMINAL REVISION No. - 954 of 2007
 

 
Revisionist :- State of U.P.
 
Opposite Party :- Bobby S/O Sukhpal
 
Counsel for Revisionist :- Govt. Advocate
 

 
Hon'ble Shiv Shanker Prasad,J.

Learned A.G.A. for the State/ revisionist filed instructions in the Court today, which is taken on record.

This criminal revision has been preferred by the State against the impugned order dated 1.12.2006 passed by Additional Sessions Judge (Court No.15), Meerut in Sessions Trial No. 374 of 2006 (State Vs. Kalua and others), under Sections 307, 323, 436, 504 I.P.C., Police Station Sardhana, District Meerut by which learned court below has rejected the application moved by the prosecution under Section 319 Cr.P.C. for summoning the accused-opposite party.

Learned A.G.A. for the State/ revisionist submits that since Session Trial No. 374 of 2006 (State Vs. Kalwa & another) have been finally decided by the Additional Sessions Judge/ Special Judge, Court No.2 (Prevention of Corruption, Act) Meerut vide judgment and order dated 11.05.2017, whereby the co-accused Kalwa and Sonu have been acquitted from the charges leveled against them, a copy of the judgment and order dated 11.5.2017 has been placed before this Court, which is kept on record. He further submits that since the aforesaid sessions trial has already been decided, summoning of the accused-opposite party does not arise at this stage. Therefore, the present criminal revision challenging the order dated 1.12.2006 rejecting the application under Section 319 Cr.P.C. has become infructuous.

Accordingly, this criminal revision is dismissed as infructuous.

Order Date :-21.8.2023

Anurag/-

(Shiv Shanker Prasad, J.)