This court dismissed a criminal revision assailing a charge-framing order by directing the appellant to use Section 216 CrPC for proper redressal with an opportunity of hearing. No substantive issue was resolved.
Disposed on direction to file application u/s 216 CrPC.
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Court No. - 67
Case :- CRIMINAL REVISION No. - 2343 of 2021
Revisionist :- Rajendra Prasad And 2 Others Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Jai Singh Parihar Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the revisionist and learned A.G.A. Perused the record.
This criminal revision has been preferred assailing the legality and validity of order dated 1.4.2021 whereby learned Sessions Judge, Jhansi has framed the charges against the revisionist in S.t. No.616 of 2020 (State vs. Rajendra Prasad and others) in Case Crime No.95 of 2020, u/s 308/34, 325/34, 452, 323, 504, 506 I.P.C., P.S.-Erach, District-Jhansi.
Learned counsel for the revisionist submits that the learned sessions court has framed the charges against the revisionist by impugned order without affording any opportunity of hearing to the revisionist.
Section 216 of Cr.P.C. is always open for the revisionist for redressal of aforesaid grievance. If the revisionist so desires, he may move an application u/s 216 of Cr.P.C. raising his grievance. In case such application is moved on behalf of the revisionist before the concerned court, same shall be decided by the court concerned within a period of eight weeks from the production of certified copy of this order, by passing a well reasoned order strictly in accordance with law after affording opportunity of hearing to the revisionist.
With this observation, the revision is hereby disposed off.
Order Date :- 13.4.2022 M. Kumar
Digitally signed by MANISH KUMAR Date: 2022.04.14 14:33:39 IST Reason: Location: High Court of Judicature at Allahabad
1 provisions across 1 enactments
Rajendra Prasad And 2 Others
State of U.P.
Rahul Chaturvedi
Manish Kumar
As recorded by the court registry
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