LAWS(ALL)-2005-3-94

KAMTA PRASAD Vs. STATE OF U P

Decided On March 24, 2005
KAMTA PRASAD Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) RAVINDRA Singh, J. Heard Sri Mahendra Nath Pandey learned Counsel for the petitioner and learned A. G. A.

(2.) IT is contended by the learned Counsel for the petitioner that the petitioner filed a complaint against the respondents No. 2 to 6 in case No. 1485 of 2004, in which the cognizance was taken and the petitioner has been summoned to face the trial for the offence punishable under Sections 498-A and 306 I. P. C. and Section 3/4 Dowry Prohibition Act by the learned C. J. M. Mainpuri on 13-5-2004. Against the order dated 13-5-2004 the respondents No. 2 to 6 filed Criminal Revision No. 37 of 2004. The revision was time-barred, so the application under Section 5 of the Indian Limitation Act was also filed by the respondents No. 2 to 6.

(3.) IN view of the facts and circumstances of the case the learned Sessions Judge, Mainpuri is directed to pass a fresh order on the application under Section 5 of the INdian Limitation Act filed by the respondents No. 2 to 6 alongwith the revision after affording the opportunity of being heard to the petitioner and impleading him as a necessary contesting respondent in accordance with the provisions of law.