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Allahabad High Court · body

2015 DIGILAW 3314 (ALL)

Bechu Lal Gupta v. State of U. P.

2015-10-26

PANKAJ NAQVI

body2015
JUDGMENT Pankaj Naqvi, J. Heard Shri M.L.Maurya learned counsel for the applicants, Shri Ravi Sahu for O.P.No.2 and learned A.G.A. 2. This application under Section 4 82 Cr.P.C. is preferred against the order dated 30.9.2015 passed by the Incharge Sessions Judge, Kanpur Nagar in Criminal Revision No.513 of 2015 (Bechu Lal Gupta and others vs. State of U.P. and others) by which the revision preferred by the applicant was admitted but interim order refused. 3. Learned counsel for the applicants contended that as the revision was preferred against the order dated 22.8.2015 by which the applicants were summoned under sections 323, 420, 498A IPC r/w 3/4 Dowry Prohibition Act but while admitting the same on 30.9.2015, it declined to issue any interim protection which would frustrate the very object of the revision. Learned counsel for the applicants urged several factual and legal grounds to challenge the summoning dated 27.8.2015. 4. Learned A.G.A. and learned counsel for O.P.No.2 would submit that no useful purpose would be served by entering into the merits of the order dated 22.8.2015 as the same is already engaging attention of the court below in Criminal Revision No.513 of 2015. 5. It is well settled in law that once a revision is admitted for hearing, operation of the order impugned before it, if it has serious/drastic consequences, is liable to be stayed. On the one hand, the court below admitted the revision for hearing, but by the same stroke it rejected the stay application. The resulting situation is that even though revision is slated for hearing before the court below, a damocles sword is hanging over the applicants on account of absence any interim order during the pendency of the revision which is in the teeth of law. 6. No useful purpose would be served by keeping this application pending in view of the order, which the court proposes to pass hereunder. 7. This application is disposed of with a direction to the Sessions Judge, Kanpur Nagar or any other assignee court to decide pending Criminal Revision No.513 of 2015 (Bechu Lal Gupta and others vs. State of U.P. and others) as expeditiously as possible but till disposal of the same, the order impugned in the criminal revision no.513 of 2015 shall remain stayed. Learned counsel for the applicants undertakes not to seek any adjournment in the court below.