Court No. - 45
Case :- CRIMINAL REVISION No. - 3729 of 2018 Revisionist :- Neeraj Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Anshu Chaudhary Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and the learned AGA for the State.
The applicant has approached this Court against the revisional order dated 25.07.2018 passed by the Additional Session/Special Judge (Dacoity Prohibited Area) Etah in Revision No.108 of 2017, whereby the Court below has set aside the order dated 10.07.2017 passed by the Trial Court summoning the three accuseds under Section 319 Cr.P.C. The matter has been remanded for fresh decision.
Learned counsel for the revisionist has submitted that he is not aggrieved by the order of remand. However, since the findings recorded by the revisional court are against the case of the revisionist and are binding on the Trial Court, therefore, the Trial Court would be bound to pass an order in favour of the accuseds. Trial Court cannot take any other view except what has been taken by the revisional court while deciding the revision.
This revision is disposed of with a direction to the Trial Court to proceed with the application under Section 319 Cr.P.C as per revisional court order but without being influenced by any of the observations made in the revisional order dated 25.07.2018 decide the application under Section 319 Cr.P.C again in accordance with law.
Order Date :- 27.10.2018 SS