Court No. - 50 Case :- CRIMINAL REVISION No. - 5227 of 2009 Petitioner :- Vijay Bahadur & Others Respondent :- State Of U.P. & Another Petitioner Counsel :- R.P.S. Chauhan Respondent Counsel :- Govt. Advocate Hon'ble Mrs. Poonam Srivastav,J.
Supplementary affidavit filed today, is taken on record.
Heard counsel for the revisionists and learned A.G.A. for the State.
Grievance of the revisionists is that after lodging first information report
under Sections 147, 148, 149, 307, 323, 504, 452 I.P.C., police submitted
charge sheet. Learned Magistrate had taken cognizance. Subsequently, on an
application preferred under Section 173(8) Cr.P.C. further investigation was
directed. Police submitted final report which has been accepted subsequently.
However, learned Magistrate proceeded on the basis of charge sheet.
I have gone through the record of the case. I do not find any illegality in the
impugned order. The learned Magistrate is fully empowered either to accept
or reject the Final Report on merit of the case and proceed in accordance with
law. The revision lacks merit and is dismissed.
In the end, learned counsel for the revisionists made a request for
expeditiously disposal of bail application.
Taking into consideration the facts and circumstances of the case, it is
directed that in the event, the revisionists appear before the court concerned
within three weeks from today and apply for bail in Case No. 5566 of 2009
arising out of case crime no. 1-A of 2005 under sections 147, 148, 149, 307,
325, I.P.C. Police Station Alapur district Budaun, the same shall be
considered and disposed of in accordance with law expeditiously preferably
if possible on the same day.
Order Date :- 4.1.2010
Iss