Court No. - 49
Case :- CRIMINAL REVISION No. - 3214 of 2018 Revisionist :- Uma Shankar Yadav Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Rajnath Ydav,Shashi Prakash Misra Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. The present criminal revision has been filed to quash the order dated 03.07.2018 passed by the Addl. Sessions Judge, Court No. 5, Jaunpur in Sessions Trial No. 69 of 2010 (State Vs. Daya Ram and Others), Police Station- Maharajganj, District- Jaunpur, by which the learned Court below has illegally rejected the application no. 107-Kha moved by the informant/prosecution seeking alteration of charge under Section 302/34 IPC in place of the charge framed under Section 304/34 IPC, besides the existing charges under Sections- 323/34, 427, 504, 506 IPC.
3. At the outset Sri Ankit Srivastava, learned AGA has raised a preliminary objection that the present revision application is not maintainable, it being directed against the order dated 03.07.2018 passed by the learned trial court, by which order, the said Court has rejected the prayer made by the prosecution. It is submitted that a revision against the order rejecting such an application was not maintainable. In this regard reliance has been placed on a decision of the Supreme Court in the case of P. Kartikalakshmi Vs. Sri Ganesh and another (2017) 3 SCC 347 (paragraph 7 and 8).
4. The objection raised by learned AGA that no revision is maintainable against such an order has to be accepted in view of the decision of the Supreme Court as noted above.
5. Consequently, the present revision is dismissed as not maintainable.
Order Date :- 24.9.2018 Abhilash