ILYAS AHMAD AND 2 OTHERS Vs. STATE OF U P AND ANOTHER
LAWS(ALL)-2015-12-349
HIGH COURT OF ALLAHABAD
Decided on December 04,2015

Ilyas Ahmad And 2 Others Appellant
VERSUS
State Of U P And Another Respondents

JUDGEMENT

- (1.) This criminal revision has been filed by the revisionists with the prayer to set-aside the order dated 21.10.2015 passed by the Additional Sessions Judge, Court No.3, Bijnor in criminal revision no. 194 of 2014 (Mohammad Arshad vs. Ilyas Ahmad and others). Further prayer has been made to stay the effect and operation of the aforesaid impugned order.
(2.) I have heard Shri Amit Kumar Srivastava, learned counsel for the revisionists, Shri Shishir Tandon, learned counsel for the opposite party no.2 and the learned AGA appearing for the State opposite party no.1 and perused the entire record.
(3.) It was submitted by the learned counsel for the revisionists that initially the complaint filed by the opposite party no.2 was rejected under Section 203 CrPC. Against the said order, a revision was filed by the complainant which was allowed by the revisional court / Additional Sessions Judge vide impugned order dated 21.10.2015 and specific direction was given to the concerned Magistrate to pass summoning order against the revisionists to face the trial for the offences under Sectons 376-D, 342, 506, 323 IPC, which is illegal in the eye of law. It was further submitted that no such specific direction could be given by the revisional court. The order passed by the revisional court is illegal warranting interference by this Court.;


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