BANWARI CHAUHAN Vs. STATE OF U P
LAWS(ALL)-2010-6-3
HIGH COURT OF ALLAHABAD
Decided on June 28,2010

BANWARI CHAUHAN Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

- (1.) This petition under Article 226 of the Constitution of India has been preferred with a prayer to quash the orders dated 15.12.2009, 19.3.2010 passed by the Judicial Magistrate-II Bhadohi and order dated 26.5.2010 passed by the Addl. Sessions Judge, Court No. 2 Bhadohi Gyanpur (Annexure Nos. 4, 7 and 9 to the writ petition).
(2.) Heard learned Counsel for the Petitioner, learned AGA for the State and perused the impugned orders dated 19.3.2010 and 26.5.2010.
(3.) The Petitioner is an accused in Criminal Case No. 1857 of 2009 Shilwanti Pasi v. Banwari Chauhan pending in the Court of Judicial Magistrate- IInd Bhadohi under Sections 394, 323, 504, 506 IPC and under Section 3(1) (10) S.C/S.T. Act. The order taking cognizance was challenged by the Petitioner by means of criminal revision, which was disposed of by order dated 7th January, 2010 with the following directions: However, taking into consideration the submissions by the respective counsel I dispose of this revision with a direction that in the event revisionist appears before court concerned within three weeks from today and moves application for discharge, the same shall be considered on merit after giving opportunity of hearing to both the parties and appropriate order be passed on merit. Till the disposal of the application no coercive measure shall be adopted against the revisionist. In event revisionist fails to appear before Court concerned within three weeks, this liberty stand automatically vacated.;


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