Allahabad High Court
Murari vs State Of U.P. & Others on 22 July, 2010
Author: Ashok Kumar Roopanwal
Bench: Ashok Kumar Roopanwal
Court No. - 50 Case :- CRIMINAL MISC. WRIT PETITION No. - 8137 of 2010 Petitioner :- Murari Respondent :- State Of U.P. & Others Petitioner Counsel :- Shivaji Singh Sisodiya Respondent Counsel :- Govt. Advocate Hon'ble Ashok Kumar Roopanwal,J.
This writ petition has been filed against the order dated 22.3.2010 passed by the Up Zila Magistrate, Faridpur, Bareilly, in Case No. 95 of 2010, State Vs. Sethpal and others, u/s 107/116 Cr.P.C. Police Station Faridpur, District Bareilly, whereby the bonds of Murari (petitioner), Sethpal, Netrapal, Rajveer, Leeladhar and Pappu were forfeited and recovery of the amount was ordered. Against this order of the Magistrate dated 22.3.2010 two revisions were filed, one revision i.e. Criminal Revision No. 147 of 2010 was filed by Murari and Pappu and the other revision i.e. Revision No. 145 of 2010 was filed by Sethpal and others. The revision filed by the petitioner was summarily dismissed while the revision filed by other persons was admitted.
I have heard Mr. S. S. Sisodiya, learned counsel for the petitioner, learned AGA for the State and perused the record.
It has been argued by Mr. Sisodia that when the revision of co-persons was admitted, there could be no justification to dismiss the revision of the petitioner summarily. This was against the judicial norms.
In view of the above, I direct that Mr. P. K. Srivastava, Incharge Sessions Judge/ Special Judge (SC/ST Act), Bareilly, who had passed the two orders in question, shall be summoned before this court by sending notice by FAX. He shall explain as to why two judicial standards were adopted by him on the same day in the same case. He shall appear personally before this Court on 29.7.2010.
Notice be issued to the other side to file counter affidavit, if any, by 29.7.2010.
Till then the operation of the order dated 22.3.2010 passed by the Up Zila Magistrate, Faridpur, Bareilly, shall remain stayed.
This case shall be treated to be my part heard case.
Put up this case on 29.7.2010 as a fresh case.
Order Date :- 22.7.2010 Pcl