Court No. - 52
Case :- CRIMINAL REVISION DEFECTIVE No. - 191 of 2018 Revisionist :- Aashu @ Mangesh Kumar Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Ram Chandra Solanki Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Ram Chandra Solanki, learned counsel for the revisionist and learned A.G.A. for the State.
The present revision has been reported to be delayed by 21 days. In support of the delay condonation application, it is stated that on account of non information about the summoning order under Section 319 Cr.P.C., the applicant/revisionist could not approach the Court in time.
The delay has been explained to the satisfaction of the Court. Delay condonation application is allowed.
Office to allot regular number.
The instant revision has been filed against the judgment and order dated 23.11.2017 passed by Special Judge, E.C. Act, Etawah in S.T. No.385 of 2016 (State Vs. Prem Chandra and others) in crime no.525 of 2016, under Sections 498A, 304B, IPC and 3/4 D.P. Act, P.S. Kotwali, Etawah, whereby the applicant has been summoned to face trial under Section 319 Cr.P.C.
The contention of the counsel for the revisionist is that no offence against the revisionist is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention.
I have perused the impugned order, I do not find any illegality or irregularity in the order passed by the Court below.
However, it is provided that if the revisionist appears and surrenders before the court below within 30 days from today and applies for bail, then the bail application of the revisionist be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgment passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of 30 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the revisionist. However, in case, the revisionist do not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid directions, this revision is finally disposed of.
Order Date :- 30.3.2018 Hasnain