DAYA RAM SRI RAM SONS OF LALJI NISHAD ARVIND ALIAS GUDDU AND RITESH ALIAS Vs. STATE OF U P
LAWS(ALL)-2005-12-61
HIGH COURT OF ALLAHABAD
Decided on December 02,2005

DAYA RAM, SRI RAM SONS OF LALJI NISHAD, ARVIND ALIAS GUDDU AND RITESH ALIAS Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

Ravindra Singh, J. - (1.) Heard Sri Vinay Singh learned Counsel for the petitioners, learned A.G.A. and Sri K.K. Mishra learned Counsel for the respondent No. 3.
(2.) This petition is filed with a prayer to quash the impugned orders dated 19.9.2003 passed by learned A.C.J.M., 4th, Jaunpur, whereby the application under Section 156(3) Cr. P. C. filed by the respondent No. 3 was allowed and the judgment and order dated 10.2.2004 passed by the learned Additional Sessions Judge, Fast Track Court No. 2, Jaunpur in Criminal Revision No. 512 of 2004 whereby the revision filed by the petitioners was dismissed. 2. From the perusal of the record it appears that in the present case an application under Section 156(3) Cr. P. C. has been filed by the respondent No. 3. The same was allowed by the learned Magistrate on 30.1.2003 and the Station Officer of the P.S. Jafarabad was directed to register a case and investigate the same, but this order dated 30.1.2003 was set aside by the learned Additional Sessions Judge, Fast Track Court No. 3, in Criminal Revision No. 61 of 2003 on 13.5.2003 whereby the revision was allowed and the matter was remitted to the court of Magistrate to pass a fresh order in accordance with the provisions of law. Thereafter, the learned A.C.J.M., Court No. 15, Jaunpur rejected the application under Section 156(3) Cr. P. C. on 30.5.2003, but that order was set aside by the learned Additional Sessions
(3.) Judge, Fast Track Court No. 5, Jaunpur in Criminal Revision No. 321 of 2003 and the matter was again remitted back to the court of learned Magistrate to pass a fresh order in accordance with the provision of law. Thereafter, the matter was again considered by the learned A.C.J.M., 4th, Jaunpur and again he rejected the application under Section 156(3) Cr. P. C. on 5.9.2003. This order was not challenged by the respondent No. 3 before any superior court.;


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