Subedar vs State Of U.P.
2023 Latest Caselaw 29589 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:204297
 
Court No. - 69
 

 
Case :- CRIMINAL REVISION DEFECTIVE No. - 289 of 2001
 

 
Revisionist :- Subedar
 
Opposite Party :- State of U.P.
 
Counsel for Revisionist :- Umesh Vats,B.N. Singh
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Samit Gopal,J.

1. List revised. No one appears on behalf of the revisionist to press this revision. Sri Ajay Singh, learned AGA-I for the State is present.

2. This revision has been preferred against the judgment and order dated 28.06.2001 passed by the District and Sessions Judge, Kushi Nagar in Session Trial No. 187 of 2001 (State Vs. Jamalluddin), Police Station Ramkola, District Kushinagar by which the accused has been acquitted of the charges levelled against him under Section 436 IPC.

3. The revision was reported to be beyond time by 29 days.

4. Notice was issued on the delay condonation application vide order dated 02.11.2001. As per the office report dated 25.10.2023 notice could not be issued because only State is an opposite party in the present revision.

5. The records show that the accused has not been made as a necessary opposite party and as such no notice could be issued to him.

6. Despite the matter being taken up in the revised list, no one appears on behalf of the revisionist.

7. In view of the same, the revision stands dismissed on the misjoinder of the parties.

Order Date :- 26.10.2023

M. ARIF

(Samit Gopal, J.)