No one appeared for this criminal revision challenging an order remanding a land dispute matter. The earlier stay on the revision fell due to the passing of a precedent regarding inactivity. The court dismissed the revision as lacking merit.
Revision dismissed for lacking merit due to lack of appearance and fall of stay.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 53
Case :- CRIMINAL REVISION No. - 2574 of 2008
Revisionist :- Smt. Rohitas Kumari And Another Opposite Party :- State of U.P. and Another Counsel for Revisionist :- S.C. Pandey Counsel for Opposite Party :- Govt. Advocate,G.S.D. Misra
Hon'ble Umesh Chandra Sharma,J.
None responds even in the revised call.
The case in hand in brief is that vide order dated 29.01.2008, the Sub-Divisional Magistrate had rejected the report of Station House Officer concerned and restrained Vikash Kumar from interfering in the peaceful possession of Smt. Rohitas Kumari and Kushma Devi.
The siad order was challenged in Criminal Revision No.71 of 2008 (Vikash Kumar Vs. State of U.P. & 2 Ors.), which was allowed on 21.07.2008 and the order dated 29.01.2008 passed by the SDM was quashed and the matter was remanded back to the Sub Divisional Magistrate to decide the matter under Section 145 of Cr.P.C., afresh.
None is present to press the present criminal revision.
The Revisional Court's order was stayed by this Court on 4.11.2008, however, in view of he Asian Resurfacing Of Road Agency Private Limited Vs. Central Bureau Of Investigation reported in (2018) 16 SCC 299, the aforesaid stay order of this Court is no longer into existence as since long, nobody is appearing for the revisionist.
In view of the above, this Court is of the view that the impugned order of the Revisional Court is not bad in the eyes of law and the Revisional Court has simply remanded the matter for afresh disposal.
Accordingly, the present revision lacks merit and is liable to be dismissed and is hereby dismissed.
Order Date :- 13.4.2023 Pravesh Mishra
Digitally signed by :- PRAVESH KUMAR MISHRA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the present criminal revision lacks merit when the opposite party has not appeared for long and the earlier stay order has fallen.
Whether the Revisional Court's order remanding the matter for fresh disposal under Section 145 of Cr.P.C. is bad in the eyes of law.
Colour shows how this judgement treated each authority
Asian Resurfacing Of Road Agency Private Limited Vs. Central Bureau Of InvestigationReferred¶9
Asian Resurfacing Of Road Agency Private Limited Vs. Central Bureau Of Investigation reported in (2018) 16 SCC 299 · Who else cites this
1 provisions across 1 enactments
Smt. Rohitas Kumari
Another
State of U.P.
Another
Umesh Chandra Sharma
Pravesh Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
