Court No. - 67
Case :- CRIMINAL REVISION No. - 615 of 2019 Revisionist :- Sujeet Mishra @ Pandit And Another Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Sudhanshu Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the revisionists, learned AGA and perused the record.
By means of the instant revision, the revisionists are assailing the order dated 10.12.2018 passed by the II-Additional Session Judge, Sonbhadra passed in Special Session Trial No. 95 of 2018 (State v. Sujeet Mishra @ Pandit and another) arising out of Case Crime No. 139 of 2016, under sections 8/20 of the Narcotic Drugs and Psychotropic Substances Act, P.S. Babhani, District Sonbhadra whereby discharge application filed by the revisionists has been rejected.
Learned counsel for the revisionists submitted that the order impugned passed on the application No. 11 Kha has been passed in a perfunctory and cursory manner without elaborating detailed reasons on the issue whereas it is expected from the court below to look into the matter viz-a-viz the material collected by the Investigating Officer or the case diary prepared by the police.
The contention raised by the learned counsel for the revisionists has force and akin to the order passed by coordinate Bench of this Court passed in Smt. Roopwati and others v. State and another [2014(86) ACC 778], therefore, relying upon the aforesaid submissions and the citation, the order dated 10.12.2018 passed by the II-Additional Session Judge, Sonbhadra in the instant case is set aside.
The revision is allowed.
The matter is remanded to the court concerned for reconsideration and for passing a detailed, well reasoned speaking order, after giving audience to the contesting parties, in accordance with law, within a period of four weeks from the date of production of a certified copy of this order.
Order Date :- 26.2.2019 shailesh