Ashiq Ali vs State Of U.P.
2022 Latest Caselaw 1384 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 12
 

 
Case :- CRIMINAL REVISION No. - 209 of 2009
 

 
Revisionist :- Ashiq Ali
 
Opposite Party :- State of U.P.
 
Counsel for Revisionist :- S.R. Rizvi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Dinesh Kumar Singh,J.

1. No one has put in appearance on behalf of the revisionist to press this revision even in revised call though the revision has remained pending since 2009. However, learned AGA is present.

2. The present revision has been filed against the judgement and order dated 24.1.2009 passed by the Additional District and Sessions Judge/FTC-1, Lakhimpur Kheri in Session Trial No.638 of 2006, arising out of Case Crime No.1017 of 2005, under Sections 302, 504, 506 IPC, Police Station Kotwali Lakhimpur, District Lakhimpur Kheri, whereby the trial court had acquitted the accused-respondent no.2 for the aforesaid offences.

3. The incident allegedly took place in the year 2005. The judgment and order of the trial court is dated 24.1.2009. 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 no.2 by giving benefit of doubt and convicted the remaining accused for the aforesaid offences. 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/-