Court No. - 34
Case :- APPLICATION U/S 482 No. - 4377 of 2006 Applicant :- Vikrama And Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- V. Singh,K.K. Pandey Counsel for Opposite Party :- Govt. Advocate,S.B. Yadav
Hon'ble Sudhir Agarwal,J.
1. Heard Sri V. Singh, learned counsel for applicants and learned A.G.A. for State.
2. Against order dated 16.10.2004 whereby concerned Magistrate discharged applicants under Section 245 Cr.P.C., a Criminal Revision was filed, which has been allowed and order of Magistrate dated 16.10.2004 has been set aside, therefore, this application has been filed by applicants under Section 482 of Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C.").
3. Learned counsel for applicants submitted that it is the complainant-respondent, who did not appear before Trial Court to lead evidence, therefore, applicants moved application for their discharge.
4. However order sheets filed along with supplementary affidavit shows that for years together proceeding could not proceeded further, since, record of Trial Court was not returned from the Court of Sessions Judge, hence, there is no reason attributable to complainant to justify discharge of applicants.
5. In view thereof, I find no error in the order of Revisional Court, impugned in this application. Application lacks merit.
6. Dismissed accordingly. Interim order, if any, stands vacated.
Order Date :- 18.12.2019 Manish Himwan