Court No. - 50 Case :- CRIMINAL REVISION No. - 206 of 2010 Petitioner :- Santosh Kumar Singh Respondent :- State Of U.P. & Others Petitioner Counsel :- Ashwini Kumar Awasthi,Manish Tiwary Respondent Counsel :- Govt. Advocate Hon'ble Mrs. Poonam Srivastav,J.
Heard counsel for the revisionist and learned A.G.A. for the State.
This revision is directed against the order dated 11.1.2010 passed
by Chief Judicial Magistrate Mau in case crime no. 1866 of 2009,
Police Station Kotwali, district Mau, issuing process under
Section 82 Cr.P.C.
Submission is that Investigation has now been transferred to the
Superintendent of Police ( Rural) Azamgarh and, therefore, the
prayer at the behest of Investigating Officer Mau for issuing
process under Section 82 Cr.P.C. is not maintainable.
However, the facts remain that this is a part of investigation and I
am of the view that revisional jurisdiction under section 397
Cr.P.C. cannot be invoked during the period of investigation,
therefore, relief claimed cannot be granted in this revision. The
revision is dismissed.
In the end, Shri Manish Tiwary learned counsel for the revisionist
submitted that the revisionist may be permitted to surrender and
move application for bail which may be considered
expeditiously.In the circumstances, in the event the revisionist
appears and moves application for bail in Case Crime No. 1866 of
2009 under sections 147, 148, 149, 404, 325, 307, 302, 120-B, 34
I.P.C. and section 7 Criminal Law Amendment Act, Police Station
Kotwali, district Mau, within a period of two weeks from today ,
the same shall be considered and disposed of in accordance with
law expeditiously, if possible on the same day. For a period of two
weeks from today, no coercive measure shall be taken against the
revisionist. It is made clear that this period of two weeks shall not
be extended.
Let a certified copy of this order be given to the counsel for the
revisionist on payment of usual charges within 24 hours.
Order Date :- 19.1.2010/Iss