Dismissed

Anjani Rai v. State of U.P. and Another

Allahabad HC8 Apr 2022CRLR/662/2022

Case brief

AI extract

What is this about?

The High Court dismissed the revision challenging an order summoning the petitioners. The court found testimony corroborating the petitioners' role in the offence. It allowed fifteen days for surrender and promised to hear bail applications expeditiously.

What did the court decide?

Revision dismissed; fifteen days afforded for surrender with bail to be heard on merits thereafter.

Anjani Rai Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2022)

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Court No. - 67

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Case :- CRIMINAL REVISION No. - 662 of 2022

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Revisionist :- Anjani Rai Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Ramesh Kumar Shukla Counsel for Opposite Party :- G.A.,Pankaj Kumar Rai

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Hon'ble Rahul Chaturvedi,J.

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Heard Sri Ramesh Kumar Shukla, learned counsel for the revisionist, Sri Pankaj Kumar Rai, learned counsel for opposite party no. 2, learned A.G.A. for the State and perused the record.

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This revision is targeted by the revisionist Anjani Rai who is Constable in U.P. Police assailing the legality and validity of the order dated 06.12.2021 passed on an application of opposite party no. 2 filed under section 319 Cr.P.C. in S.T. No. 286 of 2017 (State of U.P. Vs. Virendra Rai and others) passed by the Additional Sessions Judge, Ghazipur.

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I have perused the order it is undisputed that revisionist is named in the F.I.R. but after the investigation the Investigating Officer has dropped the revisionist and submitted the chargesheet against the remaining other accused persons, when after completing the formalities this case was committed to the court of Sessions as case crime no. 403 of 2000 and the testimony of 4 witnesses have been examined so far including the injured Ajay Kumar Rai @ Bablu Rai.

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I have perused the testimony of Ajay Kumar Rai @ Bablu Rai as PW-3 and in examination-in-chief he attributed the role of Anjani Kumar Rai alongwith other family members Hirdai Narayan Rai, Jagarnath Rai, Chote Lal Rai @ Pramod Rai, Guddu Rai @ Abhay Kumar Rai for committing this offence. He has specifically mentioned that Anjani Kumar Rai has assaulted by him by lathi. Injury report too fully corroborate the allegation of lathi over his head. Thus, it cannot be said that revisionist has been wrongly summoned in exercise of power under section 319 Cr.P.C., therefore, I do not find any illegality or perversity in the order itself and this revision devoid of merit and is accordingly dismissed.

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However, keeping in view, the revisionist is an active police and a Government servant 15 days time is afforded to him to surrender and apply for bail, if such an event an application is made for seeking bail his bail application shall be heard and decided on merits as early as possible, without granting any

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unreasonable adjournments to either of the parties, in light of law laid down in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P .

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Order Date :- 8.4.2022 Vikram

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Digitally signed by VIKRAM SINGH Date: 2022.04.11 17:11:08 IST Reason: Location: High Court of Judicature at Allahabad

Anjani Rai v. State of U.P. and Another

Case brief

What is this about?

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Anjani Rai v. State of U.P. and Another

Case brief

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