IMRAN AHMAD Vs. STATE OF U P

JUDGEMENT

(1.) RAVINDRA Singh, J. This application has been filed with a prayer to quash the order dated 6-8-2007 passed by the learned in-charge Sessions Judge, Azamgarh in Criminal Misc. Revision No. Nil of 2007.

(2.) THE facts of the case in brief are that the applicant lodged an F. I. R. in Case Crime No. 563 of 2007 under Sections 302, 120-B I. P. C. P. S. Gambhirpur District Azamgarh in which Guddu, Faiz were named as accused but during investigation the name of accused Laique and Ashiq Ali also came to light, during the pendency of investigation, the I. O. of this case has moved an application in the Court of learned C. J. M. Azamgarh for issuing process under Section 82 Cr. P. C. , the same was allowed on 9-7- 2007, the order dated 9-7-2007 has been challenged by the accused Ashiq Ali, Laique. Guddu and Faiz in the Court of learned Sessions Judge, Azamgarh by way of filing Criminal Revision No. Nil of 2007, the same was put for the order before the learned Sessions Judge, Azamgarh on 11-7-2007 but on behalf of the revisionist, nobody was present to press the revision. THE learned Sessions Judge postponed the matter for hearing on admission on 17-7-2007 and file was summoned. On 17-7-2007, an adjournment application was moved on behalf of the revisionist, the same was allowed and next date for admission was fixed on 24- 7-2007, again on 24-7-2007 an adjournment application on behalf of the revisionist was moved the same was allowed and for admission next date 6-8-2007 was fixed, on 6-8-2007 also adjournment application was moved, the same was allowed and for admission the next date 20-8-2007 was fixed. Being aggrieved from the orders dated 11-7-2007, 17-7-2007, 24-7-2007, 6-8-2007, present application has been filed by the revisionist with a prayer to quash the order dated 6-8-2007 passed by the learned in-charge Sessions Judge and to direct the revisional Court to send back record forthwith to the Court of learned C. J. M. Azamgarh for issuing the process under Section 83 Cr. P. C. to ensure the appearance of the accused who are absconding.

(3.) IT is further contended by the learned Counsel for the applicant that the In-charge Sessions Judge, Azamgarh allowed the application filed to stay the impugned order dated 9-7-2007 passed by the learned C. J. M. Azamgarh under Section 82 Cr. P. C. , vide order dated 17-7-2007, 24-7-2007 and 6-8-2007. The operation of order dated 9-7-2007 has been stayed without admitting revision, the revision is not maintainable because the order dated 9-7-2007 was not revisable, in such a situation, the learned In- charge Sessions Judge, Azamgarh stayed the operation of the order dated 9-7-2007 on some extraneous considerations, therefore, the order dated 17-7-2007 24-7-2007, and 6-8-2007 may be quashed.