Court No. - 50 Case :- CRIMINAL REVISION No. - 2592 of 2010 Petitioner :- Ankit Respondent :- State Of U.P. Petitioner Counsel :- Dharmendra Singhal Respondent Counsel :- Govt. Advocate Hon'ble Ashok Kumar Roopanwal,J.
This revision has been filed against the order dated 19.5.10 passed by the
CJM, Aligarh in case crime no.364/10, under Sections 379/411, IPC whereby
the court took cognizance on the charge sheet submitted by the police. The
cognizance was based on the appraisal of the evidence collected during
investigation.
Heard Mr. Dharmendra Singhal, learned counsel for the revisionist, learned
AGA and perused the record.
Mr. Singhal argued that at the time of alleged arrest of the revisionist
Rs.30,000/- were recovered from his personal search which was later on
released in his favour. It indicates that whatever material is alleged to have
been recovered from the revisionist was not stolen property and in such view
of the matter, no cognizance should have been taken by the court. Some
material was also recovered from co-accused Tarun. Mr. Singhal argued that
there is no indication from the evidence that the revisionist knew about the
possession of Tarun and in such view of the matter, there was no evidence
whatsoever against the revisionist to take cognizance.
State to file counter affidavit within a period of 3 weeks’. Rejoinder, if any,
may be filed within 1 week thereafter.
List thereafter.
Till then, further proceedings of case no.2381/10, pending before the CJM,
Aligarh shall remain stayed.
Order Date :- 14.7.2010
T. Sinha