The Hon'ble Court dismissed a criminal revision filed against an order rejecting the discharge application of the revisionist. The Court held the revision was devoid of merit as there was no irregularity in the lower court's order refusing discharge or quashing proceedings.
Criminal revision dismissed; stay order, if any, stands vacated.
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Court No. - 17
Case :- CRIMINAL REVISION No. - 345 of 1996
Revisionist :- Radhey Shyam Opposite Party :- State Of U.P.And Another Counsel for Revisionist :- S.S.Rathore Counsel for Opposite Party :- A.G.A.,N.D.Shukla
Hon'ble Suresh Kumar Gupta,J.
List has been revised. None appeared on behalf of revisionist, Radhey Shyam, or his counsel.
Since the revision is very old and the same cannot be dismissed for want of prosecution, therefore, it has now been decided on merit.
The criminal revision has been filed against the order and judgment dated 14.12.1995 passed by Additional Sessions Judge, Gyanpur, Varanasi in Sessions Trial No. 44 of 1992 by which Additional Sessions Judge has rejected the discharge application of the revisionist as well as for quashing the entire proceedings.
Ground taken by the revisionist is that he was not named in the First Information Report and he was also never put up for identification by any of the witnesses. There is no evidence against him. He was falsely implicated in Case Crime No. 127 of 1991under Sections 148, 148, 149, 307, 302, 452 & 436 of Indian Penal Code, Police Station Aurai, Disrict Varanasi.
I have heard learned A.G.A. for the State and perused the material available on record.
Having heard learned A.G.A. and perusal of the record shows that there is no irregularity or illegality in the order of Additional Sessions Judge, Gyanpur, Varanasi. Additional Sessions Judge, Gyanpur, Varanasi has rightly exercised its jurisdiction and after full appreciation of fact and evidence available on record, rejected the discharge application of the revisionist, Radhey Shyam and there is no illegality or infirmity in the abovesaid judgment and order of the court below. Criminal revision is being devoid of merit and liable to be dismissed accordingly.
Criminal revision is, accordingly, dismissed.
Stay order, if any, stands vacated.
A copy of this order be communicated to the court below for necessary compliance.
Order Date :- 8.2.2019 Vibha Singh
2 issues framed by the court
Whether the criminal revision filed by the revisionist is devoid of merit and liable to be dismissed.
Whether there is any irregularity or illegality in the order of Additional Sessions Judge rejecting the discharge application.
Suresh Kumar Gupta
As recorded by the court registry
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