ASHA Vs. STATEOF U.P.

JUDGEMENT

(1.) Heard Mr. A.P. Tewari assisted by Mr. R.S. Tripathi, learned counsel for the revisionists as well as learned A.G.A. on behalf of opposite party nos. 1 and 2. No one is present on behalf of opposite party no. 3 (informant) despite the fact that he has been personally served with the notice as per the report dated 17.2.2013 of the Chief Judicial Magistrate, Budaun.

(2.) Learned counsel for the revisionists prays that the case be decided on merits today as it is pending since long specially in the light of the note appended on the top of the cause list that "no case shall be adjourned on the ground that learned counsel for the informant is not present". Learned counsel has further submitted that even after expiry of one year from personal service of notice the opposite party no. 3 (informant) has neither appeared nor engaged any counsel to argue the case on his behalf.

(3.) In view of the aforesaid facts, I am deciding this criminal revision today on merits, after hearing learned counsel for the revisionist, learned A.G.A. and after carefully perusing the records.