- (1.) THIS Criminal Revision under section 397/401 of Criminal Procedure Code (for short 'Cr.P.C.) has been filed by the revisionist against an order dated 19.01.2011 passed in Session Trial No. 914 of 2010 ( State Vs. Manoj Kumar Kanaujiya) by Additional Sessions Judge/ FTC, Court No.-7, Hardoi, whereby the revisionists were summoned under section 319 Cr.P.C.to face trial alongwith accused Manoj Kumar Kanaujiya. Revisionist No. 1 Noor Mohammad and revisionist No. 3 Km. Nanhakki were also summoned to face trial under sections 363 and 366 of Indian Penal Code (for short 'I.P.C.'). Revisionist No. 2 Wahid and revisionist No. 4 Pappu were summoned to face trial under sections 363, 366 and 376 I.P.C.
(2.) AT the time of admission of this criminal revision this court passed the following order on 25.4.2011, which is reproduced hereinbelow :- "Issue notice to opposite party No.2. List after service report. In the meantime so far as the proceedings of the court below against the petitioner No.1 and 3 are concerned, that shall remain stayed till further orders of this court. I hereby further provide that the proceedings of the court below against the petitioner Nos.2 and 4 shall go no. Keeping in view the issuance of non bailable warrants against the petitioners, I hereby provide that if the petitioner Nos.2 and 4 appear before the court below within fifteen days and move an application for bail, the same shall be considered and disposed of. For fifteen days no coercive action shall be taken against the petitioners." In pursuance of the aforesaid order, the trial was proceeded and revisionist no. 2 Wahid and revisionist no. 4 Pappu were tried alongwith accused Manoj Kumar Kanaujiya. After trial the accused revisionist nos. 2 and 4 and accused Manoj Kumar Kanaujiya were acquitted from all the charges levelled against them under sections 363, 366 and 376 I.P.C. by judgement dated 9th April, 2012 delivered by Addl. Sessions Judge, Court No. 12, Hardoi in the aforesaid sessions trial.
(3.) THE copy of the said judgment has been filed by the revisionists with supplementary affidavit as Annexure No. 1. No counter affidavit has been filed against the supplementary affidavit nor anything has been brought on record to show that the judgment of acquittal was under challenge before this court in appeal or revision.;