Rakesh Misra vs State Of U.P.
2022 Latest Caselaw 1381 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 12
 

 
Case :- CRIMINAL REVISION No. - 275 of 2009
 

 
Revisionist :- Rakesh Misra
 
Opposite Party :- State of U.P.
 
Counsel for Revisionist :- Jai Pal Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Dinesh Kumar Singh,J.

1. The present revision has been filed against the judgement and order dated 31.3.2009 passed by the Additional Sessions Judge/Fast Track Court-10, Pratapgarh in Session Trial No.6 of 2007, under Sections 323, 308, 504, 338 IPC, Police Station Jaisinghpur, District Sultanpur, whereby the trial court had acquitted the accused-respondent nos.2 to 5 for the offence under Section 308/149 IPC.

3. The incident allegedly took place in the year 2004. The judgment and order of the trial court is dated 31.3.2009. This revision was filed in the year 2009 and thus, it has remained pending for the last 13 years.

4. The trail court after considering the prosecution case, evidence lead by the parties and the submissions advanced on behalf of the prosecution and defence, had acquitted the accused-respondent nos.2 to 5 for the offence under Section 308/149 IPC. Therefore, this Court is of the view that the trial court has not committed any error of law, facts or evidence for which it requires any interference with the finding of facts recorded by the trial court in exercise of its revisional power under Section 397 read with Section 401 Cr.P.C.

5. In view thereof, the present revision has no force. It is accordingly dismissed.

Order Date :- 25.4.2022

Rao/-