Court No. - 50 Case :- CRIMINAL REVISION No. - 2496 of 2010 Petitioner :- Vijay Kumar Sharma & Others Respondent :- State Of U.P. & Another Petitioner Counsel :- Kuldeep Kumar Respondent Counsel :- Govt. Advocate Hon'ble Shyam Shankar Tiwari,J.
Heard learned counsel for the revisionists and the learned AGA for the State.
This revision has been filed by the revisionists Vijay Kumar Sharma,
Harsharan Sharma, Ajai, Narendra and Raghunee to set aside the judgment
and order dated 19.6.2010 passed by the ACJM (Court No.3), Bulandshahr in
Complaint Case No.5615 of 2009 (Kanti Prasad Sharma Vs. Ajay Kumar
Sharma and others ) under sections 427 and 380 I.P.C., P.S. Narsena, district
Bulandshahr.
It is contended by the learned counsel for the revisionists that in compliance
of the direction of this Court, an application for discharge was moved before
the court below, which has wrongly been rejected by the court below.
The learned AGA has opposed the above arguments and has submitted that
the learned Magistrate has already applied his judicial mind in summoning the
accused persons on the basis of evidence adduced under sections 200 and 202
Cr.P.C. There is no other evidence on record, which may be considered by the
learned Magistrate. No illegality has been committed by the court below in
passing the impugned order.
Considered the submissions made by the learned counsel for the parties and
perused the record.
In view of the aforesaid facts and circumstances, there is no force in the
revision and it is hereby dismissed at this stage. However, it is directed that if
the revisionists/accused appear before the court below within a period of 20
days from today and apply for bail in the aforesaid case, their bail application
will be considered and disposed of expeditiously by the courts below in
accordance with law.
Till that date the execution of non-bailable warrant shall be kept in abeyance.
Order Date :- 7.7.2010
Ak/