High Courts

Lekhraj and Ors. vs State of U.P.& Anr.

Allahabad High Court · Decided on 3 April 1991 · Citation: (1991) 04 AHC CK 0055

HON’BLE JUDGES
B.P.Singh, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 397, 437, 439 · Penal Code, 1860 (IPC) — Section 147, 148, 307, 323, 324
RESULT
Dismissed
CASE NUMBER
Criminal Revision No. 1767 of 1986
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Judgment

5 paragraphs · 257 words

B. P. Singh, J.—List has been revised. Heard Sri D. S. iiwari for the applicants and learned A.G.A. None appears for the opposite party No. 2.

2.

This application for revision is directed against the order dated 9101986 through which learned Vllth Additional Judicial Magistrate, Mathura, had passed an order in Crime No. 56 of 1986 for issue of nonbailable warrants against the applicants. Originally the case was registered against the applicant in police station Shergarh District Mathura under Sections 147, 148, 323, 324, 325, I.P.C. The applicants were granted bail at that stage. Subsequently a chargesheet was filed under Section I. P. C. and in the first instance learned Magistrate had issued summons to the applicants on 7th October, 1986. Thereafter upon the application of the complainant learned Magistrate passed the order dated 9th October, 1986 issuing nonbailable warrants against the applicants. The operation of the order dated 9th October, 1986 was stayed on 17th October, 1986. It appears that the case is still pending before the Magistrate.

3.

The application for revision is rejected with the observations that the applicants are free to apply for bail in the court of learned Magistrate/Sessions Judge for the offence under Section 307 I. P. C. and their bail applications may be disposed of on merits by the court concerned. But the operation of the order dated 91086 shall remain stayed upto 15th May, 1991.

4.

Let a certified copy of this order be issued to the learned counsel within 42 hours on payment of usual charges.

Revision dismissed.