Heard learned counsel for the revisionists, learned AGA and perused the material on record.
This application in revision is directed against the order dated 20.12.2010 passed by Chief Judicial Magistrate, Aligarh in Case No. 5880 of 2010 by which the concerned Magistrate has taken cognizance of the offence punishable under Sections 427, 228, 336 I.P.C. and 3(2) Prevention of Damage to Public Property Act, 1984.
However, learned counsel for the revisionists during the course of argument submitted that instead of quashing the impugned order, liberty be given to the revisionists to move an application for discharge before the court concerned and his discharge application be directed to be decided by the Magistrate concerned within a definite period of time. He further submitted that while rejecting the application filed by the prosecution for cancellation of revisionist's bail, learned Magistrate had recorded specific finding in his order that there was no evidence showing that property in question was a public property.
In view of the above and without expressing any opinion on merit, this application in revision is finally disposed of with a direction to the concerned Magistrate that in case revisionists move an application for discharge within three weeks from today along with certified copy of this order, the said application shall be decided in accordance with law within a further period of four weeks.
Order Date :- 7.2.2011 arun