Court No. - 48
Case :- MATTERS UNDER ARTICLE 227 No. - 1135 of 2018 Petitioner :- Dheerendra Kumar Respondent :- State Of U.P. And 3 Ors.
Counsel for Petitioner :- Adhar Dwivedi,Awanish Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
The instant writ petition has been filed seeking quashing of impugned order dated 18.6.2016 passed by respondent no.2 in Criminal Revision No.19 of 2016 and also a direction in the nature of mandamus commanding the respondent no.2 to decide the Criminal Misc. Application No.62 of 2016 under Section 340 Cr. P. C. within one month before deciding Criminal Revision No.19 of 2016, which is pending before him.
Submission of the petitioners' counsel is that on earlier point of time the petitioner had filed a complaint against respondent no.3 and 4 and they were summoned in that case under Section 304 IPC etc. In this regard the accused of that complaint had approached the High Court against issuance of coercive measures on which the High Court had given a direction to appear before the Court with a period of one month and get themselves bailed out. Instead of surrendering in the Court they filed revision in the Court below being Criminal Revision No.13 of 2016 and during the course of revision, the lower Court's record has been summoned. Submission is that the accused of complaint case who are O. P. no.3 and 4 ought have complied with the direction of the Court and should have appeared in the Court below and sought bail. In such circumstances, the lower Revisional Court should have considered the suppression of this fact made by the respondents and should not have summoned the lower Court's record as because of the same the complaint case in question is not being proceeded with by the Court concerned.
On being asked by the Court, the counsel for the petitioner being fair enough to submit that so far no other order has been passed by the lower Revisional Court in favour of the respondents.
Heard learned A. G. A. and perused the record.
In the facts and circumstances of the case and specially keeping in view that the lower Revisional Court has not passed any orders so far, this Court does not see any good reason to interfere in the impugned order dated 18.6.2016. The only direction which this court will like to make is that the learned Revisional Court is required to proceed in the matter and decide the same urgently by passing appropriate orders in accordance with law in view of the complete facts and circumstances of the case as it may deem fit.
Writ petition is finally disposed off with the aforesaid observations.
Order Date :- 23.2.2018 Manish Himwan