Court No. - 5 Case :- CRIMINAL REVISION No. - 1801 of 2010 Petitioner :- Subhash Chand Yadav Respondent :- State Of U.P. & Another Petitioner Counsel :- A.K. Srivastava Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the revisionist and learned A.G.A. for
the State respondents.
The present criminal revision has been filed against the order dated
22.4.2010 passed by Upper Xth District and Session Judge
Varanasi in S.T. No. 551 of 2008 (State Vs. Bodar Yadav @ Ram
Surat Yadav and another) under Sections 308, 323, 504, 504 I.P.C.
in case Crime No. 63 of 2009 P.S. Cholpur, District Varanasi
whereby revisionist has been summoned under charged Section in
an application filed under Section 319 Cr.P.C.
Learned counsel for the revisionist could not point out any legal
infirmity which may warrant any interference of this Court under
its revisional jurisdiction. Thus, the prayer for quashing the
summoning order dated 22.4.2010 is hereby refused.
However, it is provided that if the revisionist appears and
surrenders before the court below within 30 days from today and
applies for bail, then his prayer for bail shall be considered in view
of the settled law laid by the Seven Judges’ decision of this Court
in the case of Amrawati and another Vs. State of U.P. reported
in 2004 (57) ALR 290 as well as judgement passed by Hon’ble
Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra
Pratap Singh Vs. State of U.P. For a period of 30 days from
today or till the disposal of the application for grant of bail
whichever is earlier, no coercive action shall be taken against the
applicant. However, in case, the revisionst does not appear before
the Court below within the aforesaid period, coercive action shall
be taken against him.
With the aforesaid directions, this application is finally disposed
off.
Order Date :- 14.6.2010
Sandeep