Court No. - 49
Case :- MATTERS UNDER ARTICLE 227 No. - 2974 of 2018 Petitioner :- Ganga Prasad Dubey Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajay Kumar Giri,Surendra Kumar Counsel for Respondent :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the petitioner and learned A.G.A for the State as also perused the record.
The present petition has been filed to stay the effect and operation of the impugned order dated 28.10.2017 passed by the learned Addl. Session Judge/New Built Fast Track court, Bhadohi, Gyanpur in Criminal Revision No. 84 of 2017 (Ganga Prasad Dubey Vs. State of U.P. and others) as well as impugned order dated 24.10.2017 passed by the learned Sub Divisional District Magistrate, Gyanpur, Bhadohi in Complaint No. T2017166762042951 of 2017 (State of U.P. Vs. Ganga Prasad Dubey), under Section 133 Cr.P.C.
Bare perusal of the order passed by the Addl. Session Judge does not bring out any ground to quash the impugned order. Also, it does not suffer from any infirmity insofar as the learned Court below has refused to grant stay. However, it is not disputed that Criminal Revision No. 84 of 2017 filed by the applicant is still pending.
Considering the fact that the revision itself arises out of Section 133 Cr.P.C., the present petition is disposed of with a direction to the learned court below to decide the Criminal Revision No. 84 of 2017 in accordance with law, as expeditiously as possible, preferably within a period of two months from the date of production of a certified copy of this order, after affording due opportunity of hearing to all parties in the dispute, if there is no other legal impediment.
Order Date :- 30.4.2018 A. Singh