Moti Singh Sikarwar v. State Of U.P. & Another

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