Court No. - 50
Case :- CRIMINAL MISC. WRIT PETITION No. - 15383 of 2010
Petitioner :- Moti Singh Sikarwar
Respondent :- State Of U.P. & Another
Petitioner Counsel :- Dharmendra Singhal
Respondent Counsel :- Govt. Advocate
Hon'ble S.C. Agarwal,J.
Heard learned counsel for the petitioner and learned AGA for the
State.
There is no need to issue notice to respondent no. 2 since the case
before the trial court is based on charge-sheet submitted by the police.
This writ petition has been filed with a prayer to quash the impugned
order dated 9.7.2010 passed by learned Special Chief Judicial
Magistrate, Agra in Case No. 1247 of 2008, State Vs. Moti Singh and
others, under Sections 406, 420, 467, 468, 447, 120B IPC, P.S. New
Agra, District-Agra and order dated 11.8.2010 passed by learned
Sessions Judge, Agra in Criminal Revision No. Nil of 2010.
The grievance of the petitioner is that the case against him is based
on forgery of records and the original records are not on the file of the
trial court and application under Section 91 Cr.P.C. was moved for
summoning the original record, which has been dismissed by the
Magistrate and the revision filed by the petitioner was dismissed on the
ground that the same was not maintainable against interlocutory order.
Learned AGA has no objection, if the original record was ordered to
be summoned at the stage of trial.
The writ petition is allowed. The impugned orders dated 9.7.2010
and 11.8.2010 are quashed. The trial court is directed to summon the
original record before it at the stage of charge to consider whether the
charge should be framed against the petitioner or not.
Order Date :- 20.8.2010
KU
Neutral Citation No. - 2010:AHC:101513