The High Court dismissed a revision application under section 401 Cr.P.C. challenging an order under section 144 Cr.P.C. as not maintainable, noting the order had lost its operative force due to the lapse of the two-month statutory period before the revision was filed.
The revision application was dismissed as not maintainable.
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CRLREV No.684 of 2019
The order passed under section 144 of the Cr.P.C. dated 29.6.2019 in C.M.C. No.23 of 2019 is impugned in this revision application under section 401 Cr.P.C. The revision was filed on 14.10.2019, after lapse of two months and by then the impugned order had already lost its force under section 144(4) Cr.P.C.
Hence, the case stands dismissed as not maintainable.
………………………...
Dr. A. K. Mishra, J.
pks
2 issues framed by the court
Whether a revision under section 401 Cr.P.C. is maintainable when the impugned order under section 144 Cr.P.C. had lost its operative force.
Whether the lapse of more than two months before filing the revision renders the application non-maintainable.
3 provisions across 1 enactments
Petitioner
Vigilance Department
Dr. A. K. Mishra
As recorded by the court registry
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