SAJJAN KUMAR Vs. STATE

JUDGEMENT

(1.) THIS is an application under Section 482 Cr.P.C. in Crl. R. No. 80/94, Sajjan Kumar v. State. By this application the revisionist prays that he may be permitted to withdraw the revision petition with liberty to take all the pleas as raised in the present revision petition before the trial court at the appropriate stage. The facts of the case are that the trial court by its order dated 1.3.1994 summoned the revisionist along with one Ishwar Singh as accused in a case under Sections 147/148/436/307/395 IPC. Feeling aggrieved by that order this Crl. R. No. 80/94 was filed in this Court on 5.4.1994. After hearing was made notice was issued to the respondent to show cause as to why the revision petition be not admitted fixing 22.4.1994. On that date the revision petition was heard in part by V.B. Bansal, J. Further arguments were heard in part on 25.4.1994. On 26.4.94, on some preliminary point, argument were heard and orders were reserved. But on May 2, 1994, V.B. Bansal, J. passed an order to the effect that His Lordship would hear arguments on all the points and the preliminary objections would be dealt with while disposing of the revision petition. Thereafter, on 22.7.1994 V.B. Bansal, J. released the case from being part heard. There after the revision petition has not been heard so far though several dates were fixed.

(2.) THE appliction for withdrawal with liberty to take pleas before the trial court has been vehemently opposed by the learned counsel for the opposite party. The ground taken is that there is no provision in the Cr.P.C. for withdrawal of the revision and that the revisionist has already delayed the trial before the lower court by raising legal pleas here in this revision petition and now he should not be allowed to further delay the matter by raising all the pleas before the trial court.

(3.) IN support of his arguments the learned counsel for the respondent has relied on 1964(1) Crl. L.J. 37, 1977 Crl. L.J. 673, AIR 1962 SC 1530 and AIR 1982(2) SC 784.