LAWS(ALL)-2014-11-112

JITENDRA Vs. STATE OF U P

Decided On November 14, 2014
JITENDRA Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) THIS writ petition under Article 226 /227 of the Constitution of India has been filed with the prayer to issue a writ, direction or order in the nature of certiorari quashing the order dated 27.5.2011 passed by the A.C.J.M., Baghpat in case No.1689 of 2009, State Vs. Surendra and Others, under section 406 IPC, P.S. Ramala, District Baghpat and also the order dated 3.6.2011 passed by the Sessions Judge, Baghpat in Criminal Revision No. Nil of 2011.

(2.) BRIEF facts of the case are as under: The Criminal Case No.1689 of 2009, as mentioned above, was pending before the A.C.J.M., Baghpat in which, at the stage of argument, an application under section 311 Cr.P.C. was moved from the prosecution side to file certain documents. The trial court invited objection and after hearing both the parties vide order dated 27.5.2011 allowed the said application with a cost of Rs.200/ - to be paid to the petitioners. It was also observed that the documents sought to be filed are relevant documents for the just decision of the trial.

(3.) AGAINST the said order, a criminal revision was filed before the Sessions Judge, Baghpat which was dismissed vide order dated 3.6.2011 at the stage of admission observing that order passed on the application under section 311 Cr.P.C. is an interlocutory order and no revision lies against the said order.