PANKAJ AGNIHOTRI Vs. STATE OF U P

JUDGEMENT

(1.) THIS revision has been preferred against the order dated 13-2-2009 passed by C. J. M. Kanpur Dehat in case crime no. 128 of 2008 State vs. Deepu Agnihotri and others under sections 302, 291, 404, 411 I. PC. . Police Station Sikandera District Kanpur Dehat whereby ordered for issuing process of proclamation under section 82 Cr. P. C. against the revisionist.

(2.) HEARD learned counsel for the revisionist and learned AGA and perused the record. As per the office report certified copy of the impugned order is not filed in the revision. Learned counsel for the revisionist submitted that the court is not issuing certified copy. Learned counsel for the revisionist has submitted that earlier a revision was preferred by the revisionist before this High Court being Criminal Revision No. 3557 of 2008 wherein an interim order was passed on 5-1-2009 by which it has been ordered that the revisionist will not be arrested without permission of the court and even then investigating officer wants to arrest the revisionist.

(3.) LEARNED AGA contended that the revision is not maintainable against the impugned order. By the impugned order learned Magistrate has simply passed order to issue proclamation under section 82 Cr. P. C. Now it is in the knowledge of the revisionist that he is wanted in the case, he should cooperate with the investigating officer but instead of doing so he has preferred this revision. The impugned order is not revisable. Even certified copy of the order was not filed hence revision is liable to be dismissed.