High Courts(2007) 03 AHC CK 0135

Ram Prasad Singh vs State of U.P.and Others

Allahabad High Court · Decided on 14 March 2007

HON’BLE JUDGES
V.D.Chaturvedi, J
RESULT
Dismissed
CASE NUMBER
Criminal Revision No. 1596 of 1988

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Judgment

7 paragraphs · 264 words

V.D. Chaturvedi, J.—None is present for the revisionist even on the revision of the list.

2.

Heard the learned A.G.A.

3.

This revision has been filed against the judgment and order dated 6101988 passed by the I Additional Sessions Judge, Jaunpur in Criminal Revision No. 107 of 1987. The learned Additional Sessions Judge by the impugned order allowed the revision setting aside the preliminary order dated 1111982 passed in a case under Section 145(1) Cr.P.C.

4.

The Executive Magistrate passed the preliminary order dated 1111982 on a complaint filed by the revisionist Ram Prasad Singh the same day. The Executive Magistrate did not mention in his order as to who filed the affidavit and who gave information whereupon the preliminary order was passed. The date for the appearance of the parties to file their written statements was also not given in the preliminary order. Hence the revisional Court allowed the revision setting aside the preliminary order dated 1111982.

5.

The revisional order dated 6101988 also reflects that the learned Additional Sessions Judge was moved for the reason that the preliminary order on the revisionist''s application was passed the same day when a petition under Section 145 Cr.P.C. was moved and in the like manner the order of attachment under Section 146(1) Cr.P.C. was passed the same day on 1211982 when an application for that purpose was moved. The order dated 6101988 passed by the revisional Court setting aside the preliminary order dated 1111982 suffers from no infirmity. The revision has no force. No need to interfere.

6.

The revision is accordingly dismissed.

Revision dismissed.