Court No. - 49
Case :- CRIMINAL REVISION No. - 243 of 2018 Revisionist :- Azam Khan Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Jitendra Prasad Mishra Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned AGA for the State as also perused the record.
The present revision has been filed against the order dated 06.01.2018 passed by the learned Addl. Chief Judicial Magistrate-II, Banda, by which the said Magistrate has rejected the application filed by the applicant for release of Pokeland machine on the ground that similar application had already been rejected on 17.08.2017 It is submitted there is no dispute as to the ownership of the aforesaid Pokeland machine. It is further stated that against the aforesaid order dated 17.08.2017, the applicant had filed a petition under Article 227 No. 7717 of 2017 before this Court, which was dismissed.
However, thereafter this Court on the administrative side issued a circular to all the learned court below to pass orders in pursuance of the decision of the Supreme Court in the case of Sunderbhai Ambalal Desai Vs. State of Gujrat reported in 2002 (10) SCC 283.
It is thus submitted that the present application has been filed by the applicant in compliance of the direction issued by this Court on the administrative side.
Prima facie, the submission advanced by learned counsel for the applicant merits acceptance and the direction issued by the Supreme Court being the law of the land and further in view of the fact that the present application has been filed by the applicant to enforce such direction, the application appears to have been rejected by the learned Magistrate on a technicality.
In view of the above, the order dated 06.01.2018 passed by the learned Addl. Chief Judicial Magistrate-II, Banda is set aside and the matter is remitted to the learned court below to decide afresh, in accordance with law, keeping in mind the direction issued by the Supreme Court in the case of Sunderbhai Ambalal Desai Vs. State of Gujrat (supra).
The instant revision is allowed. Order Date :- 25.7.2018 Lbm/-