AMRIT LAL Vs. STATE OF U P

JUDGEMENT

(1.) This application has been filed by Amrit Lal, applicant/Petitioner for review of the judgment and order dated 24.11.2010 passed by this Court in Writ Petition No. 11428 (M/B) of 2010: Amrit Lal v. State of U.P. Writ Petition No. 11428 (M/B) of 2010 and others whereby the petition for quashing the F.I.R. was dismissed.

(2.) The review of the judgment and order dated 24.11.2010 has been sought on the ground that subsequent to the date of order dated 24.11.2010, certain new and important facts were discovered which were not within the knowledge of the applicant and could not be argued before the court when the judgment and order dated 24.11.2010 was passed. That the alleged abducted person Shri Prem Shanker Pandey was himself involved in a criminal case and non bailable warrant of arrest and process under Section 82 Code of Criminal Procedure was also issued against him by C.J.M., Sultanpur and the Petitioner was falsely implicated in Case Crime No. 443 of 2008. The police had failed to trace the abducted persons and a final report was submitted by the police but subsequently in the garb of further investigation, the Petitioner was unnecessarily being harassed and as such the applicant has moved the court for quashing the F.I.R. Thus in the facts and circumstances of the, it is necessary to review the judgment and order dated 24.11.2010 passed by this Court.

(3.) Learned A.G.A. opposed the review petition on two grounds firstly that the review petition under Article 226 of the Constitution of India is not maintainable as in the Code of Criminal Procedure, there is no provision for review of the judgment and order and ; secondly that there appears no sufficient ground to review the judgment and order dated 24.11.2010 as the truthness or falsity of the allegations made in the F.I.R. against the Petitioner cannot be gone into in the proceedings for quashing the F.I.R. under Article 226 of the Constitution of India and as such the application deserves rejection.