Citation : 2013 Latest Caselaw 1057 ALL
Judgement Date : 17 April, 2013
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 25 Case :- CRIMINAL REVISION No. - 674 of 2009 Petitioner :- Rajni Kant Shukla Respondent :- State Of U.P. & Another Petitioner Counsel :- Vivek Kumar Singh,Ajay Kumar Singh Respondent Counsel :- Govt. Advocate,Vivek Saran Hon'ble Mrs. Jayashree Tiwari,J.
Case called out in the revised list.
Heard learned counsel for the revisionist and learned A.G.A.
Learned counsel for the revisionist submits that a revision was preferred against the enhancement order before this court which has been rejected.
The present criminal revision has been filed against the order of the execution proceedings in pursuance of the enhancement order. The rejection order in revision no. 1370 of 2008. The computerized copy of the same has been filed. The same be taken on record and be made part of the record. Against the rejection order, an S.L.P. was filed before the Hon'ble Apex Court. Learned counsel for the revisionist submits that it has been dismissed as withdrawn because learned counsel for the revisionist seeks permission to withdraw this petition and permission to withdraw the S.L.P. has already been granted. A computerized copy of the said order is also annexed with a rejection order. Both these orders be placed on record and be made part of the record.
Learned counsel for the revisionist submits that when the revision against the enhancement order has already been rejected and the S.L.P has also been withdrawn with permission of the Hon'ble Apex Court, the enhancement order has attained the finality and in view of the same, challenging of the execution proceedings in pursuance of the enhancement order has now become infructuous.
The contention of the learned counsel for the revisionist appears to be genuine and substantiate. In view of the situations aforesaid, the revision appears to have become infructuous and it is accordingly dismissed.
The revision is accordingly dismissed.
Order Date :- 17.4.2013
Monika
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