Citation : 2021 Latest Caselaw 8448 ALL
Judgement Date : 22 July, 2021
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 86 Case :- CRIMINAL REVISION No. - 24 of 2002 Revisionist :- Vinod Kumar Singh And Another Opposite Party :- State of U.P. Counsel for Revisionist :- Shashank Shekhar Giri Counsel for Opposite Party :- Govt. Advocate Hon'ble Umesh Kumar,J.
Called in revised. None appeared to press this revision. In the circumstances, I myself have perused the record.
This criminal revision under Sections 397/ 401 Cr.P.C., has been filed against judgment and order dated 13.12.2001 passed by Additional Sessions Judge, Court No.13, Varanasi in Criminal Appeal No.225 of 2000 (Vinod Kumar and others versus State of U.P.) whereby he has partly allowed the appeal on the quantum of sentence and reduced the sentence granted to the revisionists to one year, upholding the judgement and order dated 20.09.2000 of conviction passed by Additional Chief Judicial Magistrate (N.E.Railway), Varanasi in Criminal Case No.564 of 1994 arising out of Case Crime No.01 of 1994, by which he has convicted the accused-revisionist under Section 3 of Railway Property (Unlawful Possession) Act, 1966, Police Station R.P.F., Varanasi City, Varanasi and sentencing each of them to under go three years' simple imprisonment. Being aggrieved the revisionists preferred present revision.
Having gone through the record, I find that there are concurrent findings. The evidence on record was well discussed. There is no ambiguity in the orders passed by the courts below. There is no any manifest error or otherwise illegality, procedural or otherwise, so as to justify interference in criminal revision.
The criminal revision is accordingly dismissed.
The accused-revisionists, Vinod Kumar Singh and Mangru are on bail. Their bail and surety bonds are cancelled. The Chief Judicial Magistrate concerned shall cause them to be arrested and lodged in jail to serve out the sentence passed against them. The compliance shall be prepared within two months.
Certify this judgment to the lower Court immediately.
Order Date :- 22.7.2021
MN/-
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