In this criminal revision, the High Court allowed the petition and set aside a summons order passed by the Special Judge on May 28, 1993, for passing it mechanically without reasons, directing a fresh reasoned order.
The impugned order dated 28.05.1993 is set aside. Trial court directed to pass a fresh reasoned order within 30 days.
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Court No. - 28
Case :- CRIMINAL REVISION No. - 1542 of 1993
Revisionist :- Rajesh Kumar Opposite Party :- State And Others Counsel for Revisionist :- Vinod Swarup Counsel for Opposite Party :- A.G.A.
Hon'ble Umesh Chandra Tripathi,J.
List has been revised. No one is present on behalf of revisionist to argue the case.
Heard learned A.G.A. for State.
This criminal revision has been preferred to set aside the summoning order dated 28.05.1993 passed by Special Judge, Moradabad in Case No. 16/1993, Crime No. 277/1991 (State Vs. Rajesh Kumar) under Section 3/7 Essential Commodities Act.
This revision has been filed on the ground that learned special judge has passed impugned order without applying the mind.
From the perusal of impugned order, it is evident that order has been passed by trial court in mechanical way without assigning any reason.
In view of above, instant criminal revision is allowed. The impugned order dated 28.05.1993 passed by trial court is set aside.
Certified copy of the order sent to the trial court without any delay. Learned trial court is directed to pass a fresh reasoned order within 30 days from the receipt of certified copy of this order.
Order Date :- 12.4.2018 Sharad/-
1 issue framed by the court
Whether the impugned summmons order was passed without applying the mind and assigning reasons.
Rajesh Kumar
State
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
