Court No. - 48
Case :- CRIMINAL REVISION No. - 253 of 2019 Revisionist :- Mohd. Shakeel And 2 Ors. Opposite Party :- State Of U.P. And Anr. Counsel for Revisionist :- Sanjay Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
This revision has been filed by the revisionists with the prayer to set aside the order dated 24.11.2018 passed by the Judicial Magistrate, Sikandrarau, Hathras in complaint case no. 752 of 2015 (Mahmood Ali Vs. Shakeel and others), under Section 452 IPC, Police Station Sikandrarau, district Hathras whereby application of the revisionists moved under Section 245 (2) Cr.P.C. has been rejected.
Heard learned counsel for the revisionists and learned A.G.A.
Although revisionists had moved discharge application mentioning therein the provision of Section 210 Cr.P.C yet prayer made in the discharge application was refused by the concerned Magistrate. Since specific plea has been taken that complaint case is also related to the same set of facts hence the application is disposed of at this stage itself with the direction to the revisionists to move appropriate application under Section 210 Cr.P.C. within 15 days from today ventilating all the facts as has been raised in this application with specific prayer as required under Section 210 Cr.P.C. afresh. If such application is moved within the time so allowed the court concerned is directed to pass appropriate order in accordance with law within a period of one month from the date of moving of the application. During that period no coercive process shall be taken against the revisonists.
With the aforesaid the revision is dismissed.
Order Date :- 21.1.2019 Sachdeva