Ved Prakash Gupta vs State of U.P.

V. K. Chaturvedi, J.—Affidavit filed in support of the revision is taken on record.

This revision is preferred against the judgment and order dated 1152001 passed by the Chief Judicial Magistrate. Aligarh in case No. 1292 of 1999 related to case crime No.341/94, P.S. Sasni Gate, Aligarh issuing warrant of arrest against therevisionist.

Heard Mr. VP. Srivastava, learned Counsel for the revisionist and learned A.G.A.

Mr. Srivastava contends that the revisionist is ready to co operate with the trial and therefore N.B.W issued against him may be set aside.

Brief facts of the case are that one Lalit Mohan lodged a first information report at case crime No. 341/94, under Section 302/34 IPC, P.S. Sasni Gate, Aligarh on 11094 naming the revisionist and three other accused persons. After investigating the case, Narain Singh, Inspector, C.I.D. submitted charge sheet against the revisionist and other accused persons. This charge sheet was challenged by the revisionist before this Court in Criminal Misc. Application No. 2166/99 and another Bench of this Court vide its order dated 2522000 quashed the charge sheet as contained in Annexure 3. Against this order, Smt. Sharda Devi, mother of the deceased filed Special Leave No. 1787/2001 before Hon''ble Supreme Court and by interim order dated 3042001, the Apex Court passed the following order:

"Delay condoned.

Issue notice returnable after 12 weeks. In the Meantime the operation of the impugned order Passed by the High Court is stayed. The trial Court to proceed further in accordance with Law."

Pursuant to the order passed by the Apex Court, on the application of prosecution the impugned order is passed.

Have perused the F.I.R. copy of order passed by another Bench of this Court the order passed by the Apex Court and the impugned order. In the opinion of this Court, the order impugned does not suffer from any illegality, infirmity or impropriety.

The revision is, therefore, dismissed.

Considering the fact that revisionist is a Professor in post graduate college and is not likely to abscond, it is provided that if he surrenders before the Court concerned in the aforesaid case within a period of four weeks from today and applies for bail, then his application for bail shall be considered and disposed of by the Courts below expeditiously in accordance with law an for a period of four weeks from today execution of non bailable warrant issued against the revisionist, shall he kept in abeyance.

Revision dismissed.