- (1.) RAVINDRA Singh, J. This application has been filed with a prayer to quash the order dated 6-8-2007 passed by the learned in-charge Sessions Judge, Azamgarh in Criminal Misc. Revision No. Nil of 2007.
(2.) THE facts of the case in brief are that the applicant lodged an F. I. R. in Case Crime No. 563 of 2007 under Sections 302, 120-B I. P. C. P. S. Gambhirpur District Azamgarh in which Guddu, Faiz were named as accused but during investigation the name of accused Laique and Ashiq Ali also came to light, during the pendency of investigation, the I. O. of this case has moved an application in the Court of learned C. J. M. Azamgarh for issuing process under Section 82 Cr. P. C. , the same was allowed on 9-7- 2007, the order dated 9-7-2007 has been challenged by the accused Ashiq Ali, Laique. Guddu and Faiz in the Court of learned Sessions Judge, Azamgarh by way of filing Criminal Revision No. Nil of 2007, the same was put for the order before the learned Sessions Judge, Azamgarh on 11-7-2007 but on behalf of the revisionist, nobody was present to press the revision. THE learned Sessions Judge postponed the matter for hearing on admission on 17-7-2007 and file was summoned. On 17-7-2007, an adjournment application was moved on behalf of the revisionist, the same was allowed and next date for admission was fixed on 24- 7-2007, again on 24-7-2007 an adjournment application on behalf of the revisionist was moved the same was allowed and for admission next date 6-8-2007 was fixed, on 6-8-2007 also adjournment application was moved, the same was allowed and for admission the next date 20-8-2007 was fixed. Being aggrieved from the orders dated 11-7-2007, 17-7-2007, 24-7-2007, 6-8-2007, present application has been filed by the revisionist with a prayer to quash the order dated 6-8-2007 passed by the learned in-charge Sessions Judge and to direct the revisional Court to send back record forthwith to the Court of learned C. J. M. Azamgarh for issuing the process under Section 83 Cr. P. C. to ensure the appearance of the accused who are absconding. Heard Sri Satya Narayan Singh and Sri S. P. Singh, learned Counsel for the applicant, and Sri D. R. Chaudhary, learned Government Advocate for the State of U. P. It was contended by the learned Counsel for the applicant that the learned Sessions Judge, Azamgarh passed order dated 11-7-2007 by which the next date for hearing on admission was fixed on 17- 7-2007 and without any reason file of the lower Court was summoned whereas nobody was present to press the revision. The order dated 9-7-2007 passed by the learned C. J. M. Azamgarh, under Section 482 Cr. P. C. was not revisable order, no revision lies against that order, even then the learned Sessions Judge has summoned to file of the lower Court, due to summoning the file of the lower Court the order under Section 83 Cr. P. C. could not be passed. On account of the order dated 11-7-2007 the accused who were absconding in a murder case, got a relief without any reason, the order dated 11-7-2007 is not proper order.
(3.) IT is further contended by the learned Counsel for the applicant that the In-charge Sessions Judge, Azamgarh allowed the application filed to stay the impugned order dated 9-7-2007 passed by the learned C. J. M. Azamgarh under Section 82 Cr. P. C. , vide order dated 17-7-2007, 24-7-2007 and 6-8-2007. The operation of order dated 9-7-2007 has been stayed without admitting revision, the revision is not maintainable because the order dated 9-7-2007 was not revisable, in such a situation, the learned In- charge Sessions Judge, Azamgarh stayed the operation of the order dated 9-7-2007 on some extraneous considerations, therefore, the order dated 17-7-2007 24-7-2007, and 6-8-2007 may be quashed. Considering the above contention, the in charge Sessions Judge, Azamgarh who passed the order dated 17-7-2007, 24-7-2007 and 6-8-2007 was summoned by this Court on 22-8-2007 to explain as to why the order dated 9-7-2007 issuing process under Section 482 Cr. P. C. has been stayed without admitting the revision. In pursuance of the order dated 22-8-2007 Sri R. S. Verma, Additional District and Sessions Judge, Court No. 2, Azamgarh appeared today before this Court and submitted his written explanation.;