Court No. - 67
Case :- CRIMINAL REVISION DEFECTIVE No. - 1080 of 2019 Revisionist :- Hari Prasad Opposite Party :- State Of U.P. And 2 Ors. Counsel for Revisionist :- Ambika Prasad Tewari Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
(Order on Delay Condonation Application) Heard Shri Ambika Prasad Tiwari, learned counsel for the revisionist and learned A.G.A. and also perused the record.
This is a defective revision and office has reported that this revision is delayed by 33 days.
Cause shown is sufficient.
Delay condonation application is allowed and the delay in filing the present revision is condoned.
Office is directed to allot a regular number to this revision.
(Order on Revision) By means of the present criminal revision the revisionist is challenging the judgment and order dated 06.08.2019 passed by the Special Judge (SC/ST Act), Deoria in Complaint Case No.90 of 2018 (Hari Prasad vs. Vinay Singh), u/s 120-B, 323, 504, 506 I.P.C. and SC/ST Act, P.S.-Tarkulwa, District-Deoria, whereby the complaint moved by the revisionist was dismissed for want of any supporting caste certificate.
Learned counsel for the revisionist has annexed the caste certificate as Annexure No.3 along with the present revision, whereby the caste certificate issued by the Government of Uttar Pradesh dated 02.9.2019 shows that the revisionist belongs to the caste Chamar, which falls within the Scheduled Caste community.
In view of these circumstances, the impugned order 06.08.2019 passed by the Special Judge (SC/ST Act), Deoria is hereby quashed.
The court below concerned is directed to pass a fresh reasoned order within a period of six weeks after looking into the facts and circumstances of the case and taking into account the fact that the revisionist belongs to the above mentioned community.
Order Date :- 18.12.2019 M. Kumar