Mohd.Usman vs Ist Additional Chief Judicial ...
2012 Latest Caselaw 1982 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 12
 

 
Case :- CRIMINAL REVISION No. - 74 of 2001
 

 
Petitioner :- Mohd.Usman
 
Respondent :- Ist Additional Chief Judicial Magistrate,Sultanpur.
 
Petitioner Counsel :- S.P.Maurya
 
Respondent Counsel :- Govt.Advocate
 

 
Hon'ble Ravindra Singh,J.

List is revised.

Heard learned counsel for the revisionist and learned A.G.A. for the State of U.P.

This revision has been filed against the judgement and order dated 18.1.2001 passed by I-A.C.J.M., Sultanpur in Criminal Case No. 1430 of 2000 whereby the accused  respondents 2 to 14  have been acquitted for the offence under sections 147, 379, 427, 504, 506 IPC.

From the perusal of the record it appears that in the present case P.W.1, P.W. 2 and P.W. 3 have been examined in support of the prosecution version but according to finding recorded by the trial court the  presence of the P.W. 1 has been made doubtful. P.W. 3 has stated that he was not present at the time of the alleged incident, he has also not supported the prosecution version. So far as the P.W. 2 is concerned tehre is material contradiction in his statement. The trial court has recorded the finding of acquittal. The view taken by the trial acquitting the accused persons is possible view.

In such circumstances, it is not proper to interfere in the impugned order of the acquittal. The prayer for quashing the order of the acquittal is refused.

Accordingly this revision is dismissed.

Order Date :- 21.5.2012

RPD