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ILYAS AND OTHERS versus STATE OF U.P.AND ANOTHER

High Court of Judicature at Allahabad

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Ilyas And Others v. State Of U.P.And Another - CRIMINAL REVISION No. - 5417 of 2004 [2007] RD-AH 16147 (1 October 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

Hon'ble R.K.Rastogi,J.

List has been revised.

None is present for the revisionists.

Heard learned A.G.A. for the State and Sri P.S. Pundeer for O.P. no.2

This revision has been filed against the summoning order dated 18.9.2004 passed by the Chief Judicial Magistrate, Saharanpur in complaint case no. 170 of 2004 (Mohd. Yaseen Vs. Iliyas and others, under sections 498-A, 323, 504, 506 and 452 I.P.C. & ??, D.P.Act summoning the revisionists as accused.

In view of the rulings of the Hon'ble Supreme Court in 'Adalat Prasad Vs. Roop Lal Jindal and others' 2004 Supreme Court Cases (Cri) 1927 and 'Subramanium Sethuraman Vs. State of Maharashtra and another' 2005 Supreme Court Cases (Cri) 242 a revision against the summoning order is not maintainable, and the only remedy available to the accused revisionists against the said order is to file an application under section 482 Cr.P.C. As such the present revision is not maintainable. The revisionists may seek their remedy in accordance with law and challenge the summoning order on merits therein.

The revision is dismissed as not maintainable. Stay order, if any, is vacated.

Dated:1.10.2007

RPP/Cr.Rev.5417/04


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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