Court No. - 45
Case :- CRIMINAL REVISION No. - 4452 of 2018 Revisionist :- Sarang Saxena And Another Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Nitin Sharma Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
This criminal revision is directed against the judgement and order dated 19.9.2018 passed by Chief Judicial Magistrate, Moradabad, in Criminal Case No. 8049 of 2014, arising out of Case Crime No. 525 of 2013, under Sections 420, 406, 323, 504, 506 IPC, Police Station Katghar, District Moradabad.
Submission is that the discharge application of the revisionists, which was moved through counsel on the order passed by this Court, has been rejected for want of prosecution. Further submission is that counsel, who was entrusted with the application, could not appear before the court, which has resulted into dismissal of this application. The finding of the court below is that the applicant has yet not appeared before the court and not obtained bail, which is incorrect since his appearance was through counsel.
The order dated 19.9.2018 passed by the court below in the aforesaid case is hereby set aside.
This application is disposed of with the direction to the court below to pass a fresh order after giving opportunity of hearing to the revisionists on the payment of Rs.2000/- as costs to the informant within the period of two months. On failure to comply this order, this order shall stand automatically vacated.
Till the discharge application is decided, no coercive action shall be taken against the revisionists.
Order Date :- 18.12.2018 Ruchi Agrahari