Court No. - 73
Case :- MATTERS UNDER ARTICLE 227 No. - 1081 of 2019 Petitioner :- Braj Narain Mishra Respondent :- State Of U.P. And Another Counsel for Petitioner :- Rajesh Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
The matter under article 227 has been filed to stay the effect and operations of the impugned order dated 10.01.2019 passed by learned Additional Sessions Judge-II, Ballia in Criminal Revision No. 337 of 2009 and order dated 30.09.2009 on the quantum of sentence passed by Judicial Magistrate-II, Ballia in Crl. Trial Case No. 3905 of 2006 (State vs. Kaushal Kishore Mishra) under section 324 and 504 IPC and released under section 4 of Probation of Offenders Act, 1958.
Learned counsel for the petitioner submitted that earlier petitioner has lodged an F.I.R. against opposite party No. 2 and ultimately he was convicted vide order dated 30.09.2009 passed by Judicial Magistrate-II, Ballia. So far as punishment and sentence part is concerned, opposite no. 2 was released on probation for a period of one year from the date of order with a condition that he will maintain peace and shall not commit any crime. Against that order, petitioner preferred Criminal Revision No. 337 of 2009 which was also dismissed vide order dated 10.01.2019. It is further submitted that during the probation period, opposite party no. 2 has again committed offence, against which F.I.R. has also been lodged, in which charge has been submitted. It is next submitted that opposite party no. 2 was on probation with a condition that he will not commit any crime but that condition was not fulfilled by the opposite party no.2, therefore, petitioner has submitted one application dated 28.01.2010 informing the court about the conduct of opposite party no. 2 for summoning him again as provided in the order dated 30.09.2009. Lastly, he has submitted that till date, court below has not proceeded to summon the opposite party no. 2 and requested that a suitable direction may be issued to the court below to decide the application dated 28.01.2010.
Under such facts and circumstances of the case, the petition is disposed of with a direction to the court below to consider the application of the petitioner and decide the same expeditiously in accordance with law preferably within a period of three months from the date of production of certified copy of this order.
Order Date :- 22.2.2019 Sartaj