LAWS(ALL)-2019-7-257

AYODHYA PRASAD UMRAO Vs. STATE OF U. P.

Decided On July 08, 2019
Ayodhya Prasad Umrao Appellant
V/S
STATE OF U. P. Respondents

JUDGEMENT

(1.) Heard Shri I.M. Khan, learned counsel for the revisionists, Sri Birendra Singh, learned counsel for private opposite party, learned A.G.A. and perused the record.

(2.) The instant Criminal Revision is targeted against order dated 03.11.2018 passed by VII-Additional Session Judge, Fatehpur whereby while deciding application no. 12B under section 319 Cr.P.C. in four connected Session Trials i.e. S.T. Nos. 148/2014 under sections 396, 412 IPC, Police Station Bindki, District Fatehpur the accused applicants have been summoned by the court concerned.

(3.) Submissions made by learned counsel for the revisionists are that on the earlier occasion, a similar exercise was carried out by earlier Additional Session Judge, Court No. 8, Fatehpur vide order dated 08.02.2016 and said order was challenged before Coordinate Bench of this Court by means of Criminal Revision No. 1107/2016 (Jitendra Umrao Vs. State of U.P. and others). The aforesaid Bench of this Court by its judgment dated 09.08.2018 while allowing the aforesaid revision, set-aside the order dated 08.02.2016 and remitted the matter to the court concerned for fresh consideration in accordance with law, hence a subsequent order was passed on 03.11.2018 by the court below, which is under challenge by means of instant Criminal Revision.