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2023 Supreme(All) 1182

RAM MANOHAR NARAYAN MISHRA
Dev Narain – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Abhay Raj Yadav.

JUDGMENT :

RAM MANOHAR NARAYAN MISHRA, J.

1. Heard Sri V.K. Ojha, Advocate, holding brief of Sri Abhay Raj Yadav, learned counsel for the revisionist, Sri Deepak Kapoor, learned AGA for the State and perused the material placed on record.

2. As per the office report, service report is still awaited.

3. Keeping in view the fact that the present revision is pending since 2.2.2023 and service of notice could not be affected by learned CJM on opposite party No. 2. With a view to avoid further delay in trial of the case, which is progressing before the court below, this Court is of the opinion that there is no need to wait for service of notice on opposite party No. 2 and the matter may be decided on merits after hearing learned counsel for the revisionist as well as learned AGA for the State, as this is a case based on police report.

4. Instant criminal revision has been preferred against the impugned judgment and order dated 30.1.2023, passed by learned Additinal District and Sessions Judge (FTC), Chitrakoot in Sessions Trial No. 117 of 2016, State vs. Dev Narain, arising out of Case Crime No. 479 of 2016, under Sections 498-A, 304-B, 323 IPC & 3/4 of D.P. Act, 1961, Police Station Karwi K

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