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Allahabad High Court · body

2007 DIGILAW 615 (ALL)

RAM PRASAD SINGH v. STATE OF U P

2007-03-14

V.D.CHATURVEDI

body2007
V. D. CHATURVEDI, J. None is present for the revisionist even on the revision of the list. 2. Heard the learned A. G. A. 3. This revision has been filed against the judgment and order dated 6-10-1988 passed by the I Additional Sessions Judge, Jaunpur in Criminal Revision No. 107 of 1987. The learned Additional Sessions Judge by the impugned order allowed the revision setting aside the preliminary order dated 11-1-1982 passed in a case under Section 145 (1) Cr. P. C. 4. The Executive Magistrate passed the preliminary order dated 11-1-1982 on a complaint filed by the revisionist Ram Prasad Singh the same day. The Executive Magistrate did not mention in his order as to who filed the affidavit and who gave information whereupon the preliminary order was passed. The date for the appearance of the parties to file their written statements was also not given in the preliminary order. Hence the revisional Court allowed the revision setting aside the preliminary order dated 11-1-1982. 5. The revisional order dated 6-10-1988 also reflects that the learned Additional Sessions Judge was moved for the reason that the preliminary order on the revisionists application was passed the same day when a petition under Section 145 Cr. P. C. was moved and in the like manner the order of attachment under Section 146 (1) Cr. P. C. was passed the same day on 12-1-1982 when an application for that purpose was moved. The order dated 6-10-1988 passed by the revisional Court setting aside the preliminary order dated 11-1-1982 suffers from no infirmity. The revision has no force. No need to interfere. 6. The revision is accordingly dismissed. Revision dismissed. .