Surjeet And 2 Others vs State Of U.P. And Another
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Allahabad High Court

Surjeet And 2 Others vs State Of U.P. And Another on 31 May, 2024

Author: Rajeev Misra

Bench: Rajeev Misra

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:100650
 
Court No. - 77
 

 
Case :- CRIMINAL REVISION No. - 4705 of 2023
 

 
Revisionist :- Surjeet And 2 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Revisionist :- R.P.S. Chauhan
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Rajeev Misra,J.
 

1. Heard Mr. R.P.S. Chauhan along with Mr. Ashutosh, the learned counsel for revisionists and the learned A.G.A. for State.

2. Perused the record.

3. This criminal revision has been filed challenging the order dated 30.06.2023 passed by Additional Sessions Judge, Court No.-42/Special Judge (POCSO Act), Shahjahanpur in Sessions Trial No. 233 of 2019 (State Vs. Kuldeep), under Sections 302/34, 323 IPC, Police Station-Jaitipur, District-Shahjahanpur, whereby Court below has allowed the application dated 20.01.2020, under Section 319 Cr.P.C. filed by the prosecution/first informant for summoning the prospective accused Surjeet, Ram Kishan and Ram Avtar to face trial in aforementioned Sessions Trial.

4. Present criminal revision came up for admission on 06.10.2023 and this Court passed the following order:-

"Heard learned counsel for the revisionists, learned A.G.A. for the State and perused the record.

Learned A.G.A. has accepted notice on behalf of opposite party no. 1.

Issue notice to opposite party no. 2.

Steps be taken within one week by registered post.

Put up as fresh on 02.11.2023."

5. Subsequent to above order dated 06.10.2023, office has submitted a report dated 08.11.2023 stating therein that notice issued to opposite party-2 has been served personally. However, in spite of service of notice, no one has put in appearance on behalf of opposite party-2 to oppose this criminal revision.

6. At the very outset, Mr. R.P.S. Chauhan, the learned counsel for revisionists submits that subsequent to the order impugned dated 29.06.2023, the trial of the revisionists commenced before Court below and has been decided vide judgment and order dated 24.05.2024. He has placed photo copy of the judgment dated 24.05.2024, which is taken on record. On the above premise, he contends that once the prospective accused i.e. the revisionists herein have already been tried by Court below and have been acquitted of the charges framed against them, therefore, by reason of above, present criminal revision has been rendered infructous.

7. Per contra, the learned A.G.A. does not oppose the prayer made by the learned counsel for revisionists.

8. In view of above, this criminal revision is, accordingly, dismissed as having rendered infructous.

Order Date :- 31.5.2024

Vinay