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Azad Singh vs State Of U.P. on 15 September, 2018

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 29

Case :- CRIMINAL REVISION No. – 919 of 2016

Revisionist :- Azad Singh

Opposite Party :- State Of U.P.

Counsel for Revisionist :- Mukesh Kumar Tewari,Manoj Kumar Shukla,Pradeep Kumar Tripathi,Sanjeev Kumar Pandey

Counsel for Opposite Party :- Govt. Advocate

Hon’ble Rajesh Singh Chauhan,J.

Heard Sri Manoj Kumar Shukla, learned counsel for the revisionist and the learned Additional Government Advocate.

By means of this criminal revision, the revisionist has impeached the judgment and order dated 27.07.2016, passed by the learned Session Judge, Sitapur in Criminal Appeal No.67 of 2015 as well as the judgment and order dated 16.07.2015 passed by the learned Additional Chief Judicial Magistrate, Court No.1, Sitapur in Criminal Case No.671 of 2015, under Sections 377, 504 506 I.P.C., arising out of Case Crime No.27 of 2012, whereby the revisionist has been convicted for the offence punishable under Section 377 I.P.C. and sentenced to undergo seven years rigorous imprisonment with a fine of Rs.10,000/- and further the revisionist has been convicted for the offence punishable under Section 504 I.P.C. and sentenced to undergo six months rigorous imprisonment, the revisionist has further been convicted for the offence punishable under Section 506 I.P.C. and sentenced to undergo six months rigorous imprisonment and in default of payment of fine the revisionist was awarded three months additional simple imprisonment.

Learned counsel for the revisionist has categorically indicated in para-14 of the affidavit filed in support of the bail application that the revisionist has surrendered himself in the above noted case on 01.03.2012 and he was remained in Jail since 01.03.2012 to the date of judgment of the trial court i.e. 16.07.2015 i.e. more than five years.  He has also taken this ground vide Ground-K in the memo of revision.

Therefore, so as to ascertain the aforesaid facts, the Chief Judicial Magistrate, Sitapur is directed to obtain specific report/ information from the Superintendent of District Jail, Sitapur in respect of the period the revisionist remained in Jail.  The aforesaid exercise shall be carried out by the Chief Judicial Magistrate, Sitapur within a period of ten days and submit the report before this Court on or before the next date of listing.

List this case in the week commencing 01.10.2018.

The Deputy Registrar (Criminal) of this Court is directed to communicate this order to the Chief Judicial Magistrate, Sitapur within three days.

Learned counsel for the revisionist would be at liberty to make mention on the date fixed for taking up the case out of turn.

Order Date :- 15.9.2018

Suresh/

[Rajesh Singh Chauhan,J.]

 

 

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