Court No. - 48
Case :- MATTERS UNDER ARTICLE 227 No. - 3382 of 2018 Petitioner :- Veerendra @ Veera And 2 Ors.
Respondent :- State Of U.P. And Anr. Counsel for Petitioner :- Vijay Tripathi Counsel for Respondent :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This petition under Article 227 of the Constitution of India has been filed on behalf of petitioners seeking the quashing of impugned order dated 13.03.2018 passed by the Additional Sessions Judge, Court No.7, Agra in Criminal Revision No.296 of 2017 (Bijendra Singh vs. State and others) arising out of Case Crime No.147 of 2016, u/s 302 I.P.C., P.S.-Malpura, District-Agra.
Heard learned counsel for the petitioners and learned A.G.A. and also perused the record.
Counsel for the petitioners has not been able to point out any such illegality or impropriety much less than any abuse of court's process which may persuade this Court to interfere in the impugned order which reflects judicial application of mind. All the facts and circumstances of the case appear to have been gone into carefully by the lower revisional court and the lower revisional court was of the view that the order passed by the Magistrate did not reflect correct appreciation of facts and proper application of judicial mind. Findings about non availability of the dying-declaration on one hand and not placing reliance upon the dying-declaration because of the absence of thumb impression and signatures on it on the other hand were such contradictory findings which, according to the view of the lower revisional court, were reflecting gross error. There were several other infirmities found by the court of revision and that is why the order passed by the Magistrate was set aside and the matter was remanded back for fresh consideration. There is hardly any such good ground on the basis of which the impugned order may be castigated or interfered with or may justify invoking the jurisdiction under Article 226 or 227 of the Constitution of India.
The petition lacks merit and therefore same stands dismissed.
Order Date :- 30.5.2018 M. Kumar