Allowed

Ramshankar Alias Karua and 3 Others v. State of U.P. and Anr.

Allahabad HC1 Aug 2018CRLR/1450/2016

Case brief

AI extract

What is this about?

In Criminal Revision No. 1450 of 2016, the court allowed the revision against an order dismissing an appeal due to non-appearance. Noting that the ends of justice would be served, the court set aside the order and remanded the matter for a fresh decision after hearing counsel, clarifying no merits were examined.

What did the court decide?

Order dated 25.04.2016 set aside; matter remanded to lower court for fresh order after hearing on merits.

Ramshankar Alias Karua and 3 Others Vs State of… — Criminal Trial and Appeal | Allahabad HC (2018)

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Court No. - 55

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Case :- CRIMINAL REVISION No. - 1450 of 2016

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Revisionist :- Ramshankar Alias Karua And 3 Others Opposite Party :- State Of U.P. And Anr. Counsel for Revisionist :- Rama Shankar,Alkesh Singh,Rama Shankar Shukla

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Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Alkesh Singh Chauhan, learned counsel on behalf of revisionist and Sri Ravi Singh Parihar, learned A.G.A. for the State.

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This revision has been filed by the revisionists with a prayer to set aside the judgement and order dated 21.04.2014 passed by learned Judicial magistrate, Court No. 2, Mainpuri in Criminal Case No. 787 of 2011 (State Vs. Ramshankar @ Karua) arising out of Case No. 229 of 1996 under sections 147, 148, 149, 504 I.P.C. Police Station Ghiror, District Mainpuri as well as order dated 25.04.2016 passed by Additional District and Sessions Judge Court No. 4 Mainpuri in Criminal Misc. Case No. 86 of 2014 (Ram Shankar and another Vs. State) arising out of Criminal Case No. 787 of 2011, under sections 147, 148, 323, 504 I.P.C., Police Station Ghiror, District Mainpuri.

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Brief facts of the case is that the first information report was lodged by opposite party no. 2 against the revisionists in Case Crime No. 229/96 under sections 147, 148, 149, 323, 504, 307 I.P.C. Police Station Ghiror District Mainpuri as counterblast on 27.07.1996. Neither injured was medically examined nor any medical report is on record. The statement of witnesses namely Ramkhilari Sahveer, complainant Pratap Singh and Manoj Kumar was recorded by Investigating Officer during the course of investigation. The statement of the witness PW-1 Manoj Kumar, PW-2 Pratap Sigh, PW-3 Savitri Devi and PW-4 Investigating Officer Ompal Singh Rana was recorded by trial court and on 21.04.2014 a Judgment and order passed by learned Judicial Magistrate Court No. 2, Mainpuri in Criminal Case No. 787/2011 arising out of Case Crime No. 229/1996, under sections 147, 148, 149, 504 I.P.C., Police Station Ghiror, District Mainpuri.

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Against the aforesaid order dated 21.04.2014 an appeal was filed by the revisionist before Sessions Judge, Mainpuri on 03.07.2014. The aforesaid appeal was filed with application of Section 5 of the Limitation Act on 03.07.2014 before Sessions

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Judge by revisionists and on 25.04.2016 when the case was taken up, none had appeared on behalf of applicants. The learned court below dismissed the application on the ground of non prosecution vide its order dated 25.04.2016.

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Learned A.G.A. for the State respondent submits that after filing the appeal as aforesaid, neither the revisionist nor their counsel has appeared before the concerned court below and the concerned court below after waiting for considerable time had dismissed the application filed under section 5 of the Indian Limitation Act in default which is just and proper and no interference at all by this court is warranted.

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After hearing the learned counsel by the parties and after perusing the order impugned this court is of the opinion that ends of justice would be served if an opportunity of hearing is given to the revisionists.

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Accordingly, the order dated 25.04.2016, passed by Additional District and Sessions Judge Court No. 4 Mainpuri in Criminal Misc. Case No. 86 of 2014 (Ram Shankar and another Vs. State) arising out of Criminal Case No. 787 of 2011, under sections 147, 148, 323, 504 I.P.C., Police Station Ghiror, District Mainpuri is hereby set aside and the matter is remanded back to the concerned court below for passing a fresh order after hearing learned counsel for the respective parties on merits as expeditiously as possible, in accordance with law.

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It is made clear that while passing this order, this court has not gone on the merits of the case.

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With the above direction the revision is allowed .

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Order Date :- 1.8.2018 Arti

Ramshankar Alias Karua and 3 Others v. State of U.P. and Anr.

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Ramshankar Alias Karua and 3 Others v. State of U.P. and Anr.

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