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SURESH CHANDRA AND ANOTHER versus STATE OF U.P. AND ANOTHER

High Court of Judicature at Allahabad

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Suresh Chandra And Another v. State Of U.P. And Another - CRIMINAL REVISION No. 3401 of 2005 [2007] RD-AH 7339 (20 April 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 OF ALLAHABAD

Hon'ble R.N. Misra, J

Heard learned counsel for the parties and perused the record.

It appears from the arguments of learned counsels for the parties that a proceedings, under Section 145 Cr.P.C. was initiated on the application of present revisionists for certain property and the learned Executive Magistrate ordered for release of the property in their favour. Said order was challenged by the respondent no.2 before the learned Session Judge, Aligarh in Criminal Revision No. 386 of 2005, in which,  learned Sessions Judge, Aligarh stayed the operation of order, passed by learned Executive Magistrate and aggrieved by said order, the present revision has been preferred.

The revision is still pending  before the learned Session Judge, which is to be decided on merits by him. The stay order, passed by learned Sessions Judge, Aligarh was a purely interlocutory order and aggrieved party may apply there on suitable ground for vacating stay order. Learned counsel for the parties agree that the revision, pending before the learned Sessions Judge, Aligarh may be decided within a specified time on merit.

In view of above, this revision is disposed of with the direction that the learned Sessions Judge, Aligarh shall decide the Criminal Revision No. 386 of 2005, pending before him within a month from the date of presentation of a certified copy of this order before him.

Till disposal of the revision, the parties shall maintain status quo on the spot.

20.4.2007

sfa/ 3401/05(Crl.Rev)


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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