Court No. - 50 Case :- CRIMINAL REVISION No. - 2557 of 2010 Petitioner :- Naveen Chaturvedi Respondent :- State Of U.P. Petitioner Counsel :- Amit Kumar Srivastava Respondent Counsel :- Govt. Advocate Hon'ble Shyam Shankar Tiwari,J.
Heard learned counsel for the revisionist and learned AGA for the State.
This revision has been preferred by the revisionist to set aside the order dated
25.5.2010 passed by learned Addl.Sessions Judge,Ballia in S.T.No. 459 of
2004 State Vs. Kamlakant Chaubey and others arising out of Case Crime No.
301 of 2004 u/ss 147,148,149,307,302,120B IPC and Section 7 Criminal Law
Amendment Act, P.S.Kotwali, District Ballia.
It is contended by learned counsel for the revisionist that the learned trial
court has not assigned any specific reason for rejecting the application of the
revisionist to summon the record regarding departmental proceedings of
police officials nor it has been mentioned that the summoning of that record
will not be relevant for disposal of this case or it will defeat the ends of
justice.
Learned AGA has opposed the above contentions and submitted that the
reasons have been assigned by the trial court in passing the impugned order.
There is no illegality in the order.
Considered the submissions made by learned counsel for the parties and
perused the record. It is contended by the counsel of the revisionist that the
findings recorded in the departmental proceedings regarding the presence of
the police officials is contradictory to the evidence adduced on record
regarding those police officials. How for the departmental proceedings ire
relevant for disposal of the present Sessions Trial, has not been explained by
the revisionist.
In view of the above facts and circumstances of the case this revision has got
no force and is hereby dismissed with the observations that even on the later
stage if the defence moves any application to adduce any kind of evidence
which in view of the court is relevant, it may be considered and suitable order
may be passed in the ends of justice.
Order Date :- 13.7.2010
Hsc/