Gujarat High Court
State Of Gujarat vs Ajitbhai Bhulabhai Jadav on 20 February, 2025
NEUTRAL CITATION
R/CR.RA/586/2013 ORDER DATED: 20/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST ORDER PASSED BY
SUBORDINATE COURT) NO. 586 of 2013
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STATE OF GUJARAT
Versus
AJITBHAI BHULABHAI JADAV & ANR.
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Appearance:
MR. NEERAJ SHARMA, ADDITIONAL PUBLIC PROSECUTOR for the
Applicant(s) No. 1
RULE SERVED for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE PRANAV TRIVEDI
Date : 20/02/2025
ORAL ORDER
1. The present Revision application under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 arises out of judgment and order dated 30.4.2013 by the 6th Additional Sessions Judge, Kheda at Nadiad in Criminal Appeal No. 96 of 2012, whereby the appeal preferred by the applicant-accused came to be allowed and in turn judgment and order dated 1.12.2012 below Exh-67 in Criminal Case No. 22 of 1998 passed by the learned Judicial Magistrate, First Class, Mehmdavad came to be quashed and set-aside and resultantly the accused came to be acquitted.
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2. The facts giving rise to the filing of the present application are that the respondent-original accused was alleged to have committed offence punishable under Sections 325, 323, 324, 504 and 114 of the Indian Penal Code (IPC). Pursuant to the registration of the First Information Report (FIR), matter came to be investigated and charge-sheet came to be filed. Pursuant to the filing of the charge-sheet, the case was charged and tried by the learned Magistrate, who at the end of trial, after recording evidence of prosecution witnesses, convicted the respondent for the offence punishable under Sections 323 read with Section 114 of the IPC and sentenced to undergo six months simple imprisonment with fine of Rs.500/- in default to undergo one month simple imprisonment. The accused was also convicted for the offence punishable under Section 324 read with Section 114 of the IPC and sentenced to undergo two years simple interest with fine of Rs.2000/- in default and to undergo further three months simple imprisonment. All the sentences were ordered to run concurrently. Page 2 of 7 Uploaded by SAJ GEORGE(HC01069) on Fri Feb 21 2025 Downloaded on : Sat Feb 22 02:41:27 IST 2025
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3. Against the judgment and order of conviction and sentence passed below Exh-67 in Criminal Case No. 22 of 1998 on 1.12.2012 by the learned Judicial Magistrate, First Class, Mehmdavad, the accused preferred appeal before the learned Sessions Court, Kheda @ Nadiad. The appeal came to be numbered as Appeal No. 96 of 2012. The learned 6th Additional Sessions Judge, Kheda @ Nadiad allowed the appeal after considering the evidences and by way of judgment and order dated 30.4.2013 passed below Exh-10 in Criminal Appeal No. 96 of 2012, acquitted the accused of all the offences.
4. Being aggrieved by order dated 30.4.2013 passed below Exh-10 in Criminal Appeal No. 96 of 2012, the State has preferred the present revision application.
5. The Court has heard Mr. Neeraj Sharma, learned Additional Public Prosecutor for the revisionist-applicant. It has been contended by Mr. Neeraj Sharma, learned Additional Public Prosecutor that the learned appellate Court has not evaluated the evidence of the witnesses in Page 3 of 7 Uploaded by SAJ GEORGE(HC01069) on Fri Feb 21 2025 Downloaded on : Sat Feb 22 02:41:27 IST 2025 NEUTRAL CITATION R/CR.RA/586/2013 ORDER DATED: 20/02/2025 undefined true and proper perspective and, therefore, the judgment and order passed by the learned appellate Court needs to be quashed and set-aside.
6. It was further submitted that the learned appellate Court ought to have considered the evidence of father of complainant who has deposed in his testimony about the occurrence of the incident and has also stated as to how and in what manner the entire incident took place. The witness has further deposed in his testimony that the accused had gone to the complainant and started some altercation which resulted into causing injuries to him. Therefore, the evidence of this witness got corroborated with the contents of the complaint and the learned appellate Court ought to have considered such evidence.
7. It was further submitted by Mr. Sharma, learned Additional Public Prosecutor that the appellate Court ought to have considered the evidence of Doctor who has deposed in his testimony that injured was brought for treatment and had given history of beating with Dhariya Page 4 of 7 Uploaded by SAJ GEORGE(HC01069) on Fri Feb 21 2025 Downloaded on : Sat Feb 22 02:41:27 IST 2025 NEUTRAL CITATION R/CR.RA/586/2013 ORDER DATED: 20/02/2025 undefined and other weapons. It was further submitted by the learned Additional Public Prosecutor that the learned appellant judge ought to have considered the contents of the complaint which got corroborated from the evidence of the complaint and also should have considered the medical evidence which got supported from the evidence of eye-witness.
8. In wake of such submissions, Mr. Neeraj Sharma, learned Additional Public Prosecutor has sought to submit that the findings and re-appreciation of evidence recorded by learned appellate Court is not just and proper and, therefore, the order passed by the learned appellate Court is required to be quashed and set-aside and the order of the learned Judicial Magistrate, First Class, Mehmdavad should be confirmed.
9. I have gone through the submissions made by Mr. Neeraj Sharma, learned Additional Public Prosecutor as well as the material produced on record. The revisional jurisdiction under Section 397 of the Code is a limited Page 5 of 7 Uploaded by SAJ GEORGE(HC01069) on Fri Feb 21 2025 Downloaded on : Sat Feb 22 02:41:27 IST 2025 NEUTRAL CITATION R/CR.RA/586/2013 ORDER DATED: 20/02/2025 undefined jurisdiction exercisable if the court below has committed a manifest illegality or the findings are perverse and based on misreading of evidence resulting into miscarriage of justice. The principles for exercise of revisional jurisdiction under Section 397, Cr.P.C. are enumerated in various judgments and particularly in case of State of Maharashtra Vs Jag Mohan Sing Kuldip Sing Anand and others, reported in (2004) 7 SCC 659. The High Court under Sections 397 and 401 Cr.P.C. cannot exercise powers as a second appellate Court and while exercising the revisonal power, cannot undertake in- depth and minute re-examination of entire evidence and upset findings of the appellate court. It is true in this case that the appellate Court after re-appreciating the evidence has over-turned the findings given by the trial court. However, it would be impermissible to taken an in- depth re-examination of the evidence recorded by the appellate Court. The only argument canvassed by Mr. Sharma, the learned Additional Public Prosecutor is with regard to appreciation of the evidence by the learned Page 6 of 7 Uploaded by SAJ GEORGE(HC01069) on Fri Feb 21 2025 Downloaded on : Sat Feb 22 02:41:27 IST 2025 NEUTRAL CITATION R/CR.RA/586/2013 ORDER DATED: 20/02/2025 undefined appellate Court. There is no argument which canvasses if there was any illegality or any error of law by the learned appellate Court. Therefore, when the revisional power under the Code of Criminal Procedure cannot be exercised in a routine and casual manner and cannot go into re-appreciation of evidence, there is nothing on record which substantiate any manifest illegality in the order passed by the learned appellate Court. In view of the same, the present revision application is without any merits and, therefore, liable to be dismissed.
With the aforesaid observations, the present revision application is dismissed. Rule is discharged. No order as to costs.
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