Dismissed
Krishna Jeevan Lal v. State of U.P. and Another
Allahabad HCCRLR/863/2016
Case brief
from the order text
What is this about?
Case :- CRIMINAL REVISION No. - 863 of 2016…
What the court decided
AI extract
Case :- CRIMINAL REVISION No. - 863 of 2016…
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Court No. - 28
Case :- CRIMINAL REVISION No. - 863 of 2016
Revisionist :- Krishna Jeevan Lal Opposite Party :- State Of U.P. & Another Counsel for Revisionist :- Ashutosh Pandey,Anoop Kumar Srivastava
Counsel for Opposite Party :- G.A.,Ravindra Prakash Srivasta
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the parties.
This revision has been preferred against the judgment and order dated 15.2.2016 passed by the learned Sessions Judge, Basti in Criminal Revision No. 189 of 2015 (Kaushal Kishore Lal Vs. State of U.P. and another) whereby summoning order passed by the learned Magistrate dated 18.6.2015 in Misc. Case No. 316 of 2014 (Krishna Jeevan Lal Vs. Kaushal Kishore Lal and others) was set aside and the case was remanded to the learned Magistrate to pass order afresh after appreciating evidence on record.
By the order dated 18.6.2015, learned Magistrate has summoned the accused Kaushal Kishore Lal and Shyam Kishore Lal for offence under Sections 379, 504 and 506 IPC.
Learned counsel for the revisionist contended that revisional court has expressed opinion about fact of the case which is not permissible under revisional jurisdiction.
Learned counsel for the opposite party No. 2 and learned A.G.A., contended that there is no infirmity in the order passed by the learned Magistrate.
By the impugned order passed by Sessions Court, order of the Magistrate was set aside and the matter was remanded back to pass fresh order on the basis of evidence available on record.
In view of above, this criminal revision is dismissed accordingly.
However, learned Magistrate, Basti is directed to pass order on the basis of evidence available on record without being influenced by the order passed by this Court as well as order of Addl. Sessions Court in Criminal Revision No. 189 of 2015 (Kaushal Kishore Lal Vs. State of U.P. and another).
Order Date :- 4.4.2018 Jaswant
Krishna Jeevan Lal
State of U.P.
Another
Umesh Chandra Tripathi
As recorded by the court registry
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