Court No. - 32
Case :- CRIMINAL REVISION No. - 656 of 2018 Revisionist :- Awadhesh Kumar Shukla And Another Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Shyam Shankar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Tripathi,J.
Heard learned counsel for the revisionists, learned AGA and perused the record.
Learned counsel for the revisionists submitted that there was dispute with regard to the property in question. The property was attached and in the attachment order passed by the Sub Divisional Magistrate, no trees were mentioned as alleged, hence, there is no question of cutting the trees. However, showing the incident of six months back, false complaint was filed. When the discharge application was moved, the same was rejected merely on the ground that the applicants failed to surrender and move bail application.
Learned AGA opposed and submitted that since there was a Non Bailable Warrant, the revisionists were required to surrender and move bail application. Hence, the discharge application was rightly rejected.
Considered the submissions of learned counsel for the parties. From perusal of the order, it is clear that the objection of the applicants has not been considered on merit. The application was rejected merely on the ground that the applicants did not surrender and was not on bail. In view of the facts and circumstances, the court below is directed to consider the discharge application on merit, permitting the applicants to appear through counsel. Till application of discharge is decided afresh, no coercive action shall be taken against the revisionists in complaint case no. 17 of 2015, Nand Kumar Vs. Anil and others, P.S. Sujanganj, District Jaunpur.
With aforesaid direction, the present revision is finally disposed off.
Order Date :- 28.2.2018 A.K.Srivastava