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PRAMOD KUMAR JAIN versus VTH ADDL. CHIEF JUDICIAL MAGISTRATE, AGRA & ANOTHER

High Court of Judicature at Allahabad

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Pramod Kumar Jain v. Vth Addl. Chief Judicial Magistrate, Agra & Another - CRIMINAL REVISION No. - 973 of 2004 [2007] RD-AH 16122 (28 September 2007)

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE AT ALLAHABAD

Crl Rev.No. 973 /04

Hon. Vijay Kumar Verma, J.

The accused-revisionist was summoned to face the trial under section 406 IPC, vide order dated 15.11.2003 passed by 5th A.C.J.M. Agra in Crl. Case No. 1023 of 2002 (Adarsh Palival vs. Pramod Kumar Jain & others). When the accused did not appear order to send fresh summons was passed on 20.01.2004. The order of issuing summons on 20.01.2004 has been challenged in this revision. No order of taking cognizance has been passed on 20.01.2004 and merely summons has been issued in pursuance of the order dated 15.11.2003. That being so, instant revision is misconceived and is not maintainable.

In the result, revision is hereby dismissed.

Office to send a copy of this order to the court of 5th A.C.J.M. Agra for further necessary action in Case No. 1023 of 2002.

Dt. 28.09.2007.

v.k.updh./

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