HAJI MAHBOOB AHMAD Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Syed Farman Ali Naqvi, learned Senior Counsel assisted by Sri Najam Zafar, learned counsel for the revisionists, Sri Shiv P.Shukla, learned counsel for C.B.I. and Sri Vimal Kumar Srivastava, learned counsel for the State- respondent.

(2.) Sri Syed Farman Ali Naqvi, learned Senior Counsel submits that by an inadvertent mistake, present revision has been filed by the revisionists, who claim to be the victims and in view of the Amendment made in Sec. 372 Cr.P.C. w.e.f. 31/12/2009, the revisionists ought to have preferred an appeal. He further submits that in exercise of the powers under sec. 401(5) Cr.P.C., this court may treat this revision as appeal of the revisionists.

(3.) Considering the aforesaid submission of Sri Syed Farman Ali Naqvi, learned Senior and after hearing Sri Sri Shiv P.Shukla, learned counsel for the C.B.I. and Sri Vimal Kumar Srivastava, learned counsel for the respondent-State, this revision is treated as an appeal under sec. 372 Cr.P.C.