Single judge of the Allahabad High Court dismissed a criminal revision filed against interim orders dated 12.09.2013 and 18.09.2013. The court held that since cognizance was already taken and the impugned orders were merely notice and summon orders, the revision lacked merit.
The criminal revision was dismissed and interim order, if any, was vacated.
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.
Neutral Citation No. - 2023:AHC:97817
Court No. - 90
Case :- CRIMINAL REVISION No. - 3692 of 2013
Revisionist :- Devanand Opposite Party :- State Of U.P. And Anr. Counsel for Revisionist :- C.B. Mishra Counsel for Opposite Party :- Govt. Advocate
Hon'ble Syed Aftab Husain Rizvi,J.
List has been revised.
None is present for the revisionist. Learned AGA for the State is present.
This criminal revision has been filed against the orders dated 12.09.2013 & 18.09.2013 passed by C.J.M. Kaushambi in Criminal Case No.3985 of 2013, Case Crime No.33 of 2005 (State Vs. Bramahanand) under Sections 323, 504, 506, 452 and 325 I.P.C., P.S. Kaushambi, District- Kaushambi.
In the memo of the revision, impugned order has been termed as order of cognizance and summon while the order-sheet reveals that the impugned order is not an order of cognizance. Cognizance was already taken. The impugned orders dated 12.09.2013 & 18.09.2013 are consequential orders by which notice and thereafter summon has been issued to the revisionist-accused. The order of cognizance is not under challenge in this revision. Hence, this revision has not merits and is liable to be dismissed.
The revision is hereby dismissed .
Interim order, if any, stands vacated.
Order Date :- 8.5.2023 SP/-
Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad
1 issue framed by the court
Whether the criminal revision filed against orders dated 12.09.2013 and 18.09.2013, termed as order of cognizance but actually being notice and summon orders, has merit.
5 provisions across 1 enactments
Devanand
State Of U.P.
Anr.
Syed Aftab Husain Rizvi
As recorded by the court registry
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