HARIHAR PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) THIS revision is directed against the order of Shri N. K. Mehrotra, IVth Additional District and Sessions Judge, Varanasi dated 8-2-85 whereby he had decided both the Criminal Revisions No. 319 of 1984 (Harihar Prasad v. State of U. P. and Jai Krishna Das) and No. 334 of 1984 (Jai Krishna Das v. State of U. P. and Harihar Prasad).

(2.) THE counsel for Jai Krishna Das opposite party has raised this preliminary point that the revision is incompetent as the applicant Harihar Prasad had earlier exhausted his remedy by filing the criminal revision no. 319 of 1984 against the order of Sri B. K. Srivastava, Ilnd Judicial Magistrate, Varanasi dated December 4, 1984 in the court of the Sessions Judge, Varanasi.

(3.) THE counsel for Harihar Prasad referred lo the decisions in Inayat Ullah Rizvi v. Rahimullah reported in 1981 Cr. Law Journal, at page 1398 and Wajid Mirza v. Mohd. Ali Ahmad reported in 1982 Cr. Law Journal at page 80 to impress that the revision is maintainable as the IVth Additional Sessions Judge had substituted another order in place of the order of the llnd Judicial Magistrate, Varanasi directing release of the Bus no. URH 1113 in favour of Jai Krishna Das which would not have been passed in Criminal Revision no. 319 of 1984 at his instance but in the Criminal Revision no. 334 of 1984 filed by the opposite party.