Court No. - 55 Case :- CRIMINAL REVISION No. - 1789 of 2002 Petitioner :- Girind Respondent :- State Of U.P. Petitioner Counsel :- V.S. Kushwaha Respondent Counsel :- Govt. Advocate Hon'ble Naheed Ara Moonis,J.
This recall application has been moved on behalf of the applicant for recalling
the order dated 29.4.2010 whereby the interim order dated 1.11.2002 had been
vacated and non-bailable warrant was issued against the revisionist/applicant.
It is contended by the learned counsel for the revisionist/applicant that the
revisionist had already been acquitted on 3.3.2008 by the Ist Additional
District and Sessions Judge, Kannauj in Session Trial No. 396 of 2002 arising
out of case Crime No. 245 of 2002, under Sections 302 and 328 Indian Penal
Code, P.S. Chhibramau, district Kannauj but on account of non-bailable
warrant issued against the revisionist in pursuance to the order dated
29.4.2010 the applicant has been arrested and he is in jail . The applicant’s
counsel could not appear on the day when the order was passed and the
interim order was vacated and non-bailable warrant was issued against the
applicant/revisionist and he is languishing in jail despite the fact that he had
already been acquitted in the aforesaid case by the court below.
Considering the facts and circumstances of the case the order dated 29.4.2010
is hereby recalled and the learned Chief Judicial Magistrate, Allahabad is
directed to release the applicant forthwith on production of a certified copy of
this order by the applicant in case he is not required in any other case.
The recall application is disposed of accordingly.
Order Date :- 16.7.2010
Shahnawaz