Court No. - 44
Case :- CRIMINAL REVISION No. - 1857 of 2000 Revisionist :- Subhash Chandra & Another Opposite Party :- State Of U.P.
Counsel for Revisionist :- Prem Prakash Counsel for Opposite Party :- Govt. Advocate
Hon'ble Sanjay Kumar Singh,J.
Case called out in the revised list. No one is present on behalf of the revisionists even in the revised call, however, I have heard the arguments of learned A.G.A and perused the material evidence on record.
This criminal revision has been preferred by the revisionists Subhash Chandra Sonkar & Mubarak Ali Khan against the order 31.07.2000 passed by Chief Judicial Magistrate, Ballia in Criminal Misc.Case No.2218 of 1996 (State vs. Brij Raj Meena & others) under sections 147, 148, 504, 506, 323, 342, 343, 217, 218, 220, 193, 109, 176, 302, 120-B, 34 I.P.C., Police Station Bhimpura, District Ballia, whereby coercive process under sections 82 & 83 Cr.P.C. was issued against the revisionists.
Record shows that initially at the time of presenting the revision, interim order dated 28.08.2000 was passed by this Court, which is reproduced here-in-below:-
"Connect it Crl. Misc.Application nos.116/2000 and 872/2000. In the meantime, the proceedings of case no.2218/96 pending in the court of C.J.M.Ballia as against the revisionists shall remain stayed for three months."
Thereafter case was listed on 19.12.2001, 21.12.2001, 04.02.2003 & 20.02.2003 but the aforesaid interim stay order dated 28.08.2000, which was granted only for a period of three months has not been extended by this Court. On 15.12.2018, case was also listed but no one was present for the revisionists to press this revision. Since the interim order dated 28.08.2000 has not been extended after expiry of three months, therefore, it appears that Criminal Misc.Case No.2218 of 1996 might have been proceeded and this revision has become infructuous with efflux of time.
Even otherwise after going through the said order dated 31.07.2000 and record, I find no illegality, irregularity, perversity or manifest error in the order dated 31.07.2000.
Revision lacks merit and is, accordingly, dismissed. Interim order, if any, stands vacated.
Office is directed to communicate this order to the concerned court within 15 days.
Order Date :- 22.12.2018 SKD