MAHADEO Vs. STATE OF U P

JUDGEMENT

(1.) I have heard learned counsel for the applicant, Sri T.B. Pandey, learned counsel for the opposite parties nos. 2 to 4, Sri S.K. Dubey, and learned AGA and perused the record.

(2.) An order dated 5.7.2004 passed by the Incharge Sessions Judge, Jaunpur, in criminal revision no. 104 of 2004 has been challenged in this case. By the aforesaid order the order passed by the ACJM V, Jaunpur, under section 156 (3) Cr. P.C. was set aside on the ground that the said order did not contain any reason whereas this was required by law. Learned counsel for both the parties have relied on a Full Bench decision of the Allahabad High Court, Ram Babu Gupta v. State of U.P., 2001 (43) ACC 50: 2001 All LJ 1587. They have referred to a judgment in that case given by Hon'ble Justice J.C. Gupta. J. Learned counsel for the applicant has relied on the following lines in paragraph 45.

(3.) Learned counsel for the complainant, on the other hand, has relied on the following three lines at the end of paragraph 45 of the same judgment: