DHANRAJ Vs. STATE OF U P

JUDGEMENT

(1.) THIS revision has been preferred against the order 5-3-2009 passed by Addl. Sessions Judge, Court No. 15 Allahabad in S. T. No. 47 of 1993 State vs. Dhanraj whereby rejecting the application of the revisionist moved under section 311 Cr. P. C.

(2.) HEARD learned counsel for the revisionists and learned AGA and also Sri K. D. Tiwari appearing from the side of opposite party no. 2 and perused the impugned order.

(3.) IT is submitted by learned counsel for the revisionists that the court has wrongly rejected the application moved by the revisionists under section 311 Cr. P. C. without ascertaining the factual aspects of the case. He has cited rulings given in the cases of Hanuman Ram vs. State of Rajasthan and others 2008 (4) Crimes (SC) 192, Godrej Pacific Tech. Ltd. vs. Compute Joint India Ltd. 2008 (3) Crimes (SC) 322 and State of U. P. vs. Abhai Raj Singh 2004 AIR (SC) 3235. Learned AGA contended that the revisionists cannot compel the court to entertain application under section 311 Cr. P. C. and the court after discussing facts of the case has passed the impugned order and date is fixed for judgment and simply to linger on the proceedings application under section 311 Cr. P. C. was moved.