Criminal revisionist did not appear to press the revision challenging property attachment under Section 146(1) Cr.P.C. due to lack of evidence on grounds. The single-judge bench dismissed the revision, holding it had no force.
Revision dismissed as having no force due to non-pressing and lack of evidence.
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Court No. - 53
Case :- CRIMINAL REVISION No. - 1396 of 2015
Revisionist :- Shiv Nath And 5 Ors. Opposite Party :- State Of U.P. And 5 Ors. Counsel for Revisionist :- Nisar Uddin,Arvind Kumar Srivastava
Counsel for Opposite Party :- Govt. Advocate
Hon'ble Umesh Chandra Sharma, J.
Case called out in the revised list.
None responds to press this revision on behalf of the revisionists.
Learned counsel for the respondent no. 2 is not present. However, learned A.G.A is present to oppose the revision on behalf of State.
Heard the present criminal revision on merit.
The impugned property has been claimed by both the parties, hence considering the disputes between the parties and an apprehension regarding breach of law, the impugned property had been attached under Section 146 (1) Cr.P.C, which has been challenged by the revisionists, but none is present to press this revision. There is no evidence with regard to the grounds of the revision. No civil suit is pending in the Court of law or in Civil Court.
Hence, the revision has no force and is liable to be dismissed.
The revision is accordingly dismissed.
Order Date :- 10.4.2023
Vinod.
Digitally signed by :- VINOD KUMAR JAISWAL High Court of Judicature at Allahabad
2 issues framed by the court
Whether the criminal revision challenging the attachment of property under Section 146(1) Cr.P.C. succeeds.
Whether the revisionist can press the revision given their absence and lack of evidence on grounds.
1 provisions across 1 enactments
Umesh Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
