Dismissed

Ram Sumat and Other v. State of U.P. and Others

Allahabad HC11 Sept 2018CRLR/476/1992

Case brief

AI extract

What is this about?

The Court dismissed a criminal revision and a bail application. It rejected the jurisdictional challenge to the impugned order remanding the case for fresh disposal, noting the revisionists had an opportunity to raise arguments. Additionally, it directed the release of the petitioners from judicial custody as they were acquitted persons and custody was no longer warranted. The bail application was

What did the court decide?

Revision dismissed; accused acquitted persons directed to be released forthwith from judicial custody; intermittent bail application dismissed as withdrawn.

Ram Sumat and Other Vs State of U.P. and Others — Criminal Trial and Appeal | Allahabad HC (2018)

¶1

Court No. - 41

¶2

Case :- CRIMINAL REVISION No. - 476 of 1992

¶3

Revisionist :- Ram Surat & Other Opposite Party :- State Of U.P. & Others Counsel for Revisionist :- O.P. Mishra,Tripathi B.G. Bhai Counsel for Opposite Party :- A.G.A.

¶4

Hon'ble Aniruddha Singh,J.

¶5

In compliance of order dated 21.7.2018, learned Chief Judicial Magistrate, Basti has submitted a report dated 16.8.2018 stating therein that revisionist Nos. 1 to 4, Ram Surat, Ram Sahai, Ram Laut and Smt. Bhanumati have been arrested and taken into custody.

¶6

Heard Sri Tripathi B.G. Bhai, learned counsel for the revisionists, Sri O.P. Singh, learned Brief Holder for the State and perused the record.

¶7

The present criminal revision has been filed against the judgement and order dated 31.1.1992, passed by Session Judge, Basti in Criminal Revision No. 39 of 1990; Ram Dukhi versus State of U.P. and others, whereby revision was allowed setting aside the judgment and order dated 21.10.1989 passed by Munsif Magistrate, Basti in Criminal Case No. 58 of 1988, acquitting the revisionists for the offences punishable under Sections 323/34, 325, 336, 504 I.P.C., and the case was remanded back to learned Munsif Magistrate, Basti for fresh disposal in according with law.

¶8

Learned counsel for the revisionists submitted that the order of learned Sessions Judge suffers from jurisdictional error, as he had no jurisdiction to interfere with the finding of fact recorded by the learned trial court on careful consideration of material on record.

¶9

Learned A.G.A. submitted that there is no illegality, impropriety, material irregularity or jurisdictional error in the order impugned, hence the revision is liable to be dismissed.

¶10

From the perusal of record, it appears that by the impugned order dated 31.1.1992, the case was remanded back to the court concerned / Munsif Magistrate, Basti for fresh disposal in accordance with law, hence revisionists have an opportunity to raise all such arguments as has been raised in this revision before the Court concerned, hence no interference is called for. The present revision lacks merit and is liable to be dismissed.

¶11

The revision is accordingly dismissed. Interim order, if any, stands vacated.

¶12

In compliance of this Court's order dated 21.7.2018, revisionists are in judicial custody though they are acquitted persons, hence C.J.M., Basti is directed to release them forthwith, if they are not warranted in any other case.

¶13

Office is directed to communicate this order to C.J.M., Basti by fax, e-mail and speed post within 24 hours.

¶14

Order Date :- 11.9.2018 NS

. . . .

. . .

. . .

Court No. - 41

Case :- CRIMINAL REVISION No. - 476 of 1992

¶20

Revisionist :- Ram Surat & Other Opposite Party :- State Of U.P. & Others Counsel for Revisionist :- O.P. Mishra,Tripathi B.G. Bhai Counsel for Opposite Party :- A.G.A.

¶21

Hon'ble Aniruddha Singh,J.

¶22

Criminal Misc. Bail Application No. 2 of 2018

¶23

Sri Tripathi B.G. Bhai, learned counsel for the revisionists submits that the bail application may be dismissed as withdrawn.

¶24

The bail application is accordingly dismissed as withdrawn.

¶25

Order Date :- 11.9.2018 NS

Ram Sumat and Other v. State of U.P. and Others

Case brief

What is this about?

What did the court decide?

Ram Sumat and Other v. State of U.P. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Inamul Haq Vs State of U.P.

Abdul Hamid and Another Vs State of U.P. and Others

Radhey Shyam and Another Vs State of U.P. and Others

Bhoodeo Vs State of U.P.

Bihari and Others Vs State of U.P. and Others

Rehan Kureshi Vs State of U.P.