Court No. - 15
Case :- CRIMINAL REVISION DEFECTIVE No. - 795 of 2018 Revisionist :- Nizam Uddin And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Mohd Haris Khan Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Tripathi,J.
Mohd. Naushad Siddiqui, Advocate has filed vakalatnama on behalf of informant is taken on record.
(Delay Condonation Application No. 1 of 2018) Heard.
The revision is reported to be beyond time by 289 days.
Learned counsel for the revisionists contended that due to ignorance he could not file the present revision well within time.
The cause shown is sufficient. Delay condoned.
The application is, accordingly, allowed.
Order on Criminal Revision No. 795 of 2018.
This revision has been filed against impugned order dated 8.11.2017 passed by the learned Additional Chief Judicial Magistrate, Court No. 7, Varanasi whereby final report submitted by police was rejected and the revisionist Nizam Uddin, Maqsood Alam and Javed Alam have been summoned for the offence under Section 326, 504, 506 IPC.
Learned counsel for the revisionist contended that the police has submitted final report by considering the material available on record.
From the perusal of the impugned order, it reveals that the impugned order has been passed on the basis of injury report of informant Javed Ahmad and injured Akbi and their statement under Section 161 Cr.P.C. before the investigating officer.
Accordingly I find no illegality in the impugned order summoning order passed by trial Court.
However, it is directed that in case the revisionists appear and surrender before the court below and apply for bail, their prayer for bail shall be considered and decided expeditiously.
For a period of 30 days from today or till the revisionists surrender and apply for bail, whichever is earlier, no coercive action shall be taken against them.
Accordingly this criminal revision stands disposed of.
Order Date :- 29.11.2018 / C. MANI