Harish Kumar Sehgal vs State of U.P. and Another

O.P. Jain, J.—Mr. G.S. Chaturvedi, Senior Advocate is present for the revisionist and Mr. K.K. Arora is present on behalf of opposite party No.2. Learned A.G.A. is present on behalf of the State of U.P.

This revision has been filed against order dated 27.1.1999 passed by incharge Sessions Judge, Dehradun, in a revision arising out of proceedings u/s 145, Code of Criminal Procedure.

A perusal of the order shows that it is not a final order and the Court has already fixed 26th February, 1999 on which date the Court proposes to hear both the parties and to pass suitable order.

It is admitted by both the parties before this Court that the matter is of some urgency and, therefore, an earlier date may be fixed. An undertaking is given by Sri K.K. Arora on behalf of opposite party No. 2 Warriam Singh that no new construction will be raised by opposite party No. 2 Warriam Singh till the matter is heard by Sessions Judge, Dehradun and some order is passed in the revision which is still pending there.

Accordingly, it is ordered that both the parties will appear before Sessions Judge, Dehradun on 5th February, 1999. The learned Sessions Judge, Dehradun will hear the parties on the same day and if it is not convenient for some reason, he will fix a date for hearing within one week thereafter. After giving opportunity of hearing to both the parties, the learned Sessions Judge will pass suitable orders.

With this direction, the revision is finally disposed of.

A copy of this order may be supplied to the learned Counsel for the parties within 24 hours on payment of usual charges.