Nand Lal vs State Of U.P. & Another
2013 Latest Caselaw 1459 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 25
 
Case :- CRIMINAL REVISION No. - 42 of 2003
 
Petitioner :- Nand Lal
 
Respondent :- State Of U.P. & Another
 
Petitioner Counsel :- A.K. Singh
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Mrs. Jayashree Tiwari,J.

Learned counsel for the revisionist is present.

The present criminal revision has been filed against the judgment and order of conviction recorded under section 7/16 Food Adulteration Act.

Shortly, stating the contention of the learned counsel for the revisionist is that the learned trial court has after conducting the trial and hearing the argument, finally delivered a judgment of conviction against the accused revisionist. Against the aforesaid of conviction, the first appeal was preferred in which all the points including the fact and law were duly raised and were considered. The first appellate court after hearing the first appeal confirmed the finding of the learned trial court and upheld the judgment of conviction.

In the circumstances, the concurrent findings of fact recorded by both the courts below which are in accordance with settled principles of law is not likely to be brushed aside in the revisional proceedings. As such, there is nothing on record which may go to show that revision is maintainable at all. As such, the revision is liable to be dismissed and it is accordingly dismissed.

The revision is accordingly dismissed 

However, considering the contention of the learned counsel for the revisionist the accused is  suffering this litigation, since couple of years, an opportunity is given to the revisionist to move before the Competent Government for mercy appeal and if the Government is satisfied and passes any order that shall be effective. In the alternative, if the Government does not accept the prayer, the order passed by the learned trial court and first appellate court  is confirmed and shall be executed. One month time is given for applicant revisionist to obtain any suitable order from the Government.

Order Date :- 29.4.2013

Monika