In a criminal revision regarding the summoning of accused persons in a criminal case, the High Court refused to exercise revisional power after the lower court's order was remanded for fresh consideration.
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Court No. - 65
Case :- CRIMINAL REVISION No. - 1215 of 2022
Revisionist :- Irshad Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Kamal Kishor Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard Sri Kamal Kishor Mishra, learned counsel for the revisionist and learned AGA for the State and perused the record.
Submission made by the learned counsel for the revisionist is that vide order dated 18.11.2020, Judicial Magistrate-IInd Saharanpur has summoned the accused persons, namely, Hazi Iqbal @ Balla, Javed, Mukesh Verma, Smt. Sunita, Inam, Tahir and Satish Kumar under Sections379, 427, 504, 506 and 120B IPC.
Aggrieved by the order of Judicial Magistrate-IInd, Saharanpur accused person Mukesh Verma and Sunita Verma have filed criminal revision no. 228 of 2020 which was eventually decided and allowed quashing the orders dated 18.11.2020 and the matter is remanded back for fresh consideration by the learned Magistrate.
I have perused the order, since the matter has been remanded back and as such it is not proper that this Court too exercise the power under Section 397/401 Cr.P.C. or to make comment upon the merit of the case.
However, it is expected from learned Magistrate to apply its robust judicial mind and decide the matter afresh strictly in accordance with law, taking into account the judicial pronouncement of various courts in this regard unaffected by any of the observation made in the revisional court's order within next eight weeks by a reasoned order.
With this observation the present criminal revision is disposed of.
Order Date :- 5.4.2022 Abhishek Sri.
Digitally signed by ABHISHEK RANJAN SRIVASTAVA Date: 2022.04.06 10:55:54 IST Reason: Location: High Court of Judicature at Allahabad
Mukesh Verma
Sunita Verma
State Of U.P.
Rahul Chaturvedi
As recorded by the court registry
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