Court No. - 50 Case :- CRIMINAL MISC. WRIT PETITION No. - 6794 of 2010 Petitioner :- Billar Chaduri Respondent :- State Of U.P. & Another Petitioner Counsel :- Sanjay Kumar Pandey Respondent Counsel :- Govt. Advocate Hon'ble Ashok Kumar Roopanwal,J.
Being aggrieved by the order dated 29.3.2010 passed by the Additional
Sessions Judge, Court No. 11, Gorakhpur, in Criminal Revision No. 162 of
2009, Moti Lal Chaduri Vs. State of U.P. and others, whereby the order dated
29.7.2009 passed by the S. D. M., Tehsil Chauri Chara, District Gorakhpur,
was set aside, and the matter was remanded back, this writ petition has been
filed.
Heard Mr. S. K. Pandey, learned counsel for the petitioner, learned AGA for
the State and perused the record.
As the matter has not yet finally been decided and the petitioner has an
opportunity to contest the case before the S.D.M., hence there is no
justification to entertain and proceed with the writ petition.
Accordingly, this writ petition is dismissed. However, it is directed that the S.
D. M. Chauri Chaura, District Gorakhpur, shall decide the proceedings u/s
145 Cr.P.C. within a period of thirty days from the date of production of a
certified copy of this order. Till the conclusion of the proceeding before the
Magistrate, the parties shall maintain status quo on the spot as it was on the
date of the order passed by the Additional Sessions Judge, Gorakhpur.
Order Date :- 19.7.2010
Pcl