Court No. - 55
Case :- CRIMINAL MISC. WRIT PETITION No. - 22870 of 2016
Petitioner :- Vishvanath
Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Ker Singh Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Ram Ker Singh, learned counsel for the petitioner and Sri Abhinav Prasad, learned AGA appearing for the State and perused material brought on record.
This petition has been filed by the petitioners with a prayer to quash the orders of courts below dated 29.01.2016 passed by learned C.J.M., Azamgarh in Criminal Misc. Application No. 658 of 2015 (Vishvanath Vs. Ramesh & others) under section 156(3) Cr.P.C. and consequent revisional order dated 31.08.2016 passed by Sessions Judge Azamgarh in Criminal Revision No. 28 of 2016 (Vishwanath Vs. State of U.P. and others) by which the learned Sessions Judge has dismissed the revision of the petitioner.
Learned counsel for petitioner has drawn the attention of this Court towards a judgement passed by the Apex Court in the case of Lalita Kumari Vs. Govt. of U.P. and others in Writ Petition (Criminal) No. 68 of 2008 and connected S.L.P.s, Criminal Appeal and Contempt Petition.
The Court has perused the order passed by the learned courts below considering the law laid down in the case of Lalita Kumari Vs. Govt. of U.P. and others.
Accordingly, the order dated 29.01.2016, passed by the C.J.M. Azamgarh in Criminal Misc. Application No. 658 of 2015 and order dated 31.08.2016 passed by Sessions Judge Azamgarh in Criminal Revision No. 28 of 2016 is hereby set aside with the liberty to the petitioner to file an appropriate application alongwith this order within a period of 45 days from today before the concerned court below and if such an application is filed, the same shall be considered and disposed of keeping in mind the law laid down by the Apex Court in the case of Lalita Kumar (Supra) as expeditiously as possible, in accordance with law, preferably within a period of three months from the date of production of a certified copy of this order before him.
With the above direction this petition is finally disposed of.
Order Date :- 26.7.2018 Arti