Court No. - 45 Case :- CRIMINAL REVISION No. - 2069 of 2010 Petitioner :- Tara Singh Gaur Respondent :- State Of U.P. Petitioner Counsel :- Dilip Kumar Kesharwani Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the revisionist and learned A.G.A. for the State
respondent.
The present criminal revision has been filed against the orders dated
23.3.2010, 4.2.2009, 27.3.2009, 24.4.2009, 12.5.2009, 7.7.2009, 4.8.2009,
18.8.2009, 2.9.2009, 21.1.2009, 30.11.2009, 18.12.2009, 27.1.2010 and
22.2.2010 passed by Special Judge, SC/ST (Prevention of Atrocities) Act,
Agra in S.S.T. No. 7 of 2006 (ST No. 24 of 2006), whereby non-bailable
warrant and process under Section 82,83, Cr.P.C. have been issued against the
revisionist.
The contention of the counsel for the revisionist is that no offence against the
revisionist is disclosed and the present prosecution has been instituted with
malafide intention for the purposes of harassment. He pointed out certain
documents and statements in support of his contentions.
From the perusal of the material on record and looking into the facts of the
case at this stage it cannot be said that no offence is made out against the
revisionist. All the submission made at the bar relates to the disputed
questions of fact, which cannot be adjudicated upon by this Court under
revisional jurisdiction. At this stage only a prima facie case is to be seen.
The prayer for quashing the orders impugned is refused.
However, it is provided that if the revisionist appears and surrenders before
the court below within a period of 30 days from today and apply for bail, then
his prayer for bail shall be considered in view of the settled law laid down by
the Seven Judges’ decision of this Court in the case of Amarawati and
another Vs. State of U.P., reported in 2004(57) ALR-290 and in the recent
decision of the Supreme Court in the case of Lal Kamlendra Pratap Singh v.
State of U.P., reported in 2009 (4) SCC 437, after hearing the Public
Prosecutor. 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 revisionist. However, in case the revisionist does not appear
before the court below within the aforesaid period, coercive action shall be
taken against him.
With the aforesaid directions, this revision is disposed off.
Order Date :- 10.8.2010
Ashish