ATIQUE AHMAD Vs. STATE OF U.P.

JUDGEMENT

(1.) The present criminal revision under Sec. 397 (1) read with Sec. 401 Cr.P.C. has been instituted by Atique Ahmad, revisionist against the order dtd. 17/11/2022 passed by the Additional Sessions Judge/Special Judge(MP/MLA), Allahabad in Criminal Revision No.249 of 2008, whereby the learned revisional court allowed the criminal revision filed by the State against the order dtd. 7/3/2008 passed by the Additional Civil Judge/Judicial Magistrate, Court No.6, Allahabad.

(2.) The facts of the case, in brief, are that on 5/7/2007 Sri Ompal, a member of the Zila Panchayat, Allahabad lodged FIR No.270 of 2007, under Ss. 147, 148, 323, 341, 342, 364, 504 and 506 IPC and Sec. 7 Criminal Law Amendment Act against the revisionist, a sitting Member of Parliament and others. The investigation of the said offence was conducted by Sri K.K. Mishra, Station House Officer.

(3.) During the course of investigation, efforts were made by the Investigating Officer to arrest the accused-revisionist, however, the accused could not be arrested nor they surrendered before the trial court. Warrants were issued against the accused and, thereafter, proceedings under Sec. 82/83 Cr.P.C. were undertaken. However, the accused could not be arrested nor they surrendered before the trial court within the prescribed time. In view thereof, an FIR under Sec. 174A IPC was registered on 26/8/2007.