Allowed

Mohd. Javaid Hussain v. State of U.P. and Anr.

Allahabad HC17 Jun 2019CRLR/2336/2019

Case brief

AI extract

What is this about?

In a criminal revision, the High Court set aside the judgment of the Additional Chief Judicial Magistrate rejecting the discharge application. Holding there was substance to the argument regarding Section 155(2) Cr.P.C., the court remanded the matter to the lower court to pass a fresh order after affording a hearing to the revisionist.

What did the court decide?

The impugned orders dated 27.5.2019 and 23.10.2018 are set aside and the matter is remitted to the court below to pass a fresh order after hearing the revisionist.

Mohd. Javaid Hussain Vs State of U.P. and Anr. — Criminal Trial and Appeal | Allahabad HC (2019)

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Court No. - 45

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Case :- CRIMINAL REVISION No. - 2336 of 2019

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Revisionist :- Mohd. Javaid Hussain Opposite Party :- State Of U.P. And Anr. Counsel for Revisionist :- Usha Kiran Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Ms. Usha Kiran, learned counsel for the revisionist, learned A.G.A. for the State of U.P. and perused the record.

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The present criminal revision has been filed by the revisionist against the judgement and orders dated 27.5.2019 and 23.10.2018 passed by the learned Additional Chief Judicial Magistrate, court no. 2 District Rampur in Criminal Case No.4440 of 2018 arising out of Case Crime No. 251 of 2018 in re; State of U.P. and others Vs. Javaid District Rampur whereby the discharge application of the revisionist has been rejected by the court below.

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The learned counsel for the revisionist has assailed the orders dated dated 27.5.2019 and 23.10.2018 passed by the learned Additional Chief Judicial Magistrate, court no. 2 District Rampur in Criminal Case No.4440 of 2018 arising out of Case Crime No. 251 of 2018 in re; State of U.P. and others Vs. Javaid District Rampur and prayed that the matter may be remitted back to the court below for passing a fresh order considering the judgement placed by her before this court passed by the Supreme Court in the case of Laws(SC)1996 10 151 Keshav Lal Thakur Versus State of Bihar decided on 11.10.1996.

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It has further been submitted by the learned counsel for the revisionist that section 155(2) Cr.P.C. provides that no police officer shall investigate a non- cognizable case without the order of a Magistrate having power to try such case or commit the case for trial.

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The submission advanced by the learned counsel for the revisionist has substance.

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The order orders dated 27.5.2019 and 23.10.2018 passed by the learned Additional Chief Judicial Magistrate, court no. 2 District Rampur in Criminal Case No.4440 of 2018 arising out of Case Crime No. 251 of 2018 in re; State of U.P. and others Vs. Javaid District Rampur, are hereby set aside and the court below is directed to pass a fresh order after affording

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opportunity of hearing to the revisionist in accordance with law.

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The revision stands allowed.

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The matter is remitted back to the court below to pass a fresh order within three months from the date of production of a certified copy of this order before him.

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Order Date :- 17.6.2019

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N.A.

Mohd. Javaid Hussain v. State of U.P. and Anr.

Case brief

What is this about?

What did the court decide?

Mohd. Javaid Hussain v. State of U.P. and Anr.

Case brief

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What did the court decide?

What the court decided

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