Harish Chandra vs Gurudin Tiwari And (4) Ors.
2012 Latest Caselaw 2112 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 12
 

 
Case :- CRIMINAL REVISION No. - 93 of 2003
 

 
Petitioner :- Harish Chandra
 
Respondent :- Gurudin Tiwari And (4) Ors.
 
Petitioner Counsel :- Vyas Narayan Shukla
 
Respondent Counsel :- Govt.Advocate
 

 
Hon'ble Ravindra Singh,J.

Heard Sri Vyas Narayan Shukla, 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 22.11.2002 passed by learned Addl. Sessions Judge/ FTC-1, Court No. 10, Sultanpur in Criminal Appeal No. 36 of 2002 whereby the appeal has been allowed and accused persons have been acquitted.

From the perusal of the record it appears that in the present case the accused persons were convicted by the learned Judicial Magistrate, Sultanpur on 24.9.2002. The order dated 24.9.2002 was challegned by the accused persons by way of filing the criminal appeal No. 36 of 2002, the same has been alloed by learned Addl. Sessions Judge/FTC-1, Court No. 10, Sultanpur  on 22.11.2002.

From the perusal of the impugned order dated 22.11.2002 it appears that the learned appellate court has allowed the criminal appeal on the ground of cross case. The side of the accused persons has also sustained injuries, the same has not been properly explained and it could not be decided as to which of the party was aggressor. In such circumstances, the learned appellate court  has not committed any error in acquitting the accused persons. The impugned order dated 22.11.2002 is not suffering from any illegality or irregularities. The prayer for quashing the same is refused.

Accordingly this revision is dismissed.

Order Date :- 23.5.2012

RPD