This criminal revision was dismissed. The High Court held the trial court failed to monitor witness summons and evidence recording, but affirmed the Sessions Court correctly set aside the acquittal due to procedural defects caused by the trial judge's inaction.
Interim order dismissed with costs to the prosecution.
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.
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CRR No.1096 of 2019
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRR No. 1096 of 2019
---- Petitioner
Versus
–-- Respondent
For Petitioner Shri Arvind Dubey, Advocate For Respondent/State Shri Pawan Kesharwani, Panel Lawyer
Hon'ble Shri Prashant Kumar Mishra, J.
Hon'ble Shri Gautam Chourdiya, J.
Order on Board
By
Prashant Kumar Mishra, J.
18-9-2019
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CRR No.1096 of 2019
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CRR No.1096 of 2019
trial does not proceed against the accused. While the matter remained pending at the revisional Court or on account of moving application by the accused, the trial Judge did not take care to monitor issuance of summons and/or service of bailable warrant. Similarly, the agency entrusted with the task of service of bailable warrant did not perform its duty to serve the summons or the bailable warrants to the witnesses to secure their presence. The facts of the case does not project well of the criminal justice system. The Sessions Court has rightly set aside the order passed by the trial Magistrate.
Sd/Sd/-
(Prashant Kumar Mishra) (Gautam Chourdiya) Judge Judge
(Gautam Chourdiya)
Gowri
2 issues framed by the court
Whether the impugned judgment of the Sessions Judge setting aside the order of acquittal deserves interference in a criminal revision.
Whether the trial court ensured recording of evidence by witnesses and appropriate service of process was maintained throughout the trial.
1 provisions across 1 enactments
Vivek Ranjan Tiwari
State Of Chhattisgarh
Prashant Kumar Mishra
Gautam Chourdiya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
