Allahabad High Court
Durga Prasad And Anr. vs Narendra Singh And 2 Ors. on 16 September, 2019
Author: Sanjay Kumar Singh
Bench: Sanjay Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 70 Case :- CRIMINAL MISC. WRIT PETITION No. - 21105 of 2019 Petitioner :- Durga Prasad And Anr. Respondent :- Narendra Singh And 2 Ors. Counsel for Petitioner :- Brij Bhushan Paul,Anand Prakash Paul Counsel for Respondent :- G.A. Hon'ble Sanjay Kumar Singh,J.
Supplementary affidavit filed on behalf of the petitioners is taken on record.
Heard Sri B.B. Paul, Advocate assisted by Sri A.P. Paul, learned counsel for the petitioners and learned AGA for the respondent nos. 2 and 3.
This writ petition under Article 226 of the Constitution of India has been preferred by the petitioners against the order dated 6.7.2019 under Section 146 (1) Cr.P.C. passed by S.D.M., Atrauli, District Aligarh in case no. 00654 of 2019 (Computer no. 12019180200000654) in a proceeding under Section 145 Cr.P.C. (Narendra Singh Vs. Ram Babu).
Learned counsel for the petitioners assailing the impugned order dated 6.7.2019 has raised various submissions, but from perusal of the record I find that the petitioners has already preferred Criminal Revision no. 273 of 2019 against the said impugned order dated 6.7.2019, which has been admitted by the revisional court by order dated 16.7.2019 and issued notice to the opposite parties, as such the said revision is still pending.
Learned AGA has pointed out that on account of pendency of criminal revision no. 273 of 2019, the present writ petition is not maintainable and apart from this, the order dated 16.7.2019 passed by the Incharge Sessions Judge, Aligarh in Criminal Revision No. 273 of 2019 has not been challenged in the present petition.
After having heard the arguments of learned counsel for the parties, this Court feels it appropriate that interest of justice would be served in case a direction is issued to the revisional court concerned to decide the said revision expeditiously within time bound period.
Considering the facts and circumstances of the case, it is directed that criminal revision no. 273 of 2019 (Ram Babu and another Vs. State of U.P. and another) shall be decided expeditiously positively within 30 days from the date of production of the certified copy of this order.
With this observation and direction, the instant petition is disposed of.
Order Date :- 16.9.2019 AK Pandey