(1.) Heard Sri Gopal Swaroop Chaturvedi, learned Senior Advocate, assisted by Sri Rakesh Chandra Upadhyay, Advocate, for Revisionist and perused the record. Though learned A.G.A. was present and was requested to assist the Court, but he said that he has no file and failed to assist the Court. This is really unfortunate that this Court could not get any assistant from learned A.G.A. However, having no other option, I proceed to decide this matter after hearing counsel for Revisionist and after perusal of record by myself.
(2.) This Criminal Revision under Section 397/401 Cr.P.C. has come up at the instance of accused -Revisionist, who has been charged by Sessions Judge, Sonbhadra under Section 120B I.P.C. in Sessions Trial No. 56 of 2000 vide order dated 19.02.2001.
(3.) Brief Facts, giving rise to this revision, may be stated as under.