Criminal revision filed to set aside orders rejecting discharge and recall applications due to revisionists' absence. Revision dismissed but bail consideration allowed upon surrender within thirty days with stay on coercive action.
Revision dismissed; bail considered upon surrender within 30 days; coercive action stayed for 30 days.
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Court No. - 73
Case :- CRIMINAL REVISION No. - 3156 of 2019
Revisionist :- Pramod Kumar Dwivedi And Anr. Opposite Party :- State Of U.P. And Anr. Counsel for Revisionist :- Alok Kumar Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
The present criminal revision has been filed with the prayer to set aside the impugned orders dated 24.5.2019 and 25.5.2019 passed by the Additional Chief Judcial Magistrate 1st, Jaunpur in case no. 888 of 2018 under Section 420 IPC, P.S. Mariyahu, District Jaunpur. Further prayer has been made to stay the further proceedings of the aforesaid case.
Heard learned counsel for the revisionists and the learned AGA appearing for the State.
It is submitted by the learned counsel for the revisionists that the revisionists had moved discharge application which was rejected. Recall application moved on behalf of revisionists was also rejected.
Since on the date fixed in the matter at the time of disposal of discharge application moved in compliance of the directions of this court, revisionists were not present before the Court below, the Court below had no option except to reject the same. Hence, there is no infirmity or illegality in the said order. Prayer made in the revision cannot be granted. The revision lacks merits and is liable to be dismissed.
Criminal revision is accordingly dismissed.
However, it is observed that in case the revisionists surrender before the court below and apply for bail within thirty days from today, the same shall be considered and decided in view of the settled law. For a period of thirty days from today, no coercive action shall be taken against the revisionists. It is made clear that no further time shall be allowed to the revisionists to surrender before the court concerned.
Order Date :- 20.9.2019 safi
2 issues framed by the court
Whether the dismissal of discharge and recall applications due to revisionists' absence warrants setting aside in criminal revision.
Whether provision for surrender and bail consideration mitigates procedural exclusion of accused.
Pramod Kumar Dwivedi And Anr.
State Of U.P. And Anr.
Om Prakash
As recorded by the court registry
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