Ravi Shankar Rai vs State Of U.P. And Others
2022 Latest Caselaw 285 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 93
 

 
Case :- CRIMINAL REVISION No. - 3885 of 2003
 
Revisionist :- Ravi Shankar Rai
 
Opposite Party :- State of U.P. and Others
 
Counsel for Revisionist :- S.N. Gupta,Anoop Baranwal
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Shamim Ahmed,J.

List has been revised.

None has appeared on behalf of the revisionist to press this revision.

Heard Sri Vinod Kant, learned Additional Advocate General assisted by Sri Abhishek Shukla, learned A.G.A.-I for the State.

This revision has been filed against the judgment and order dated 03.09.2003 passed by IInd Additional Session Judge/Fast Tract Court No.3, Azamgarh in Criminal Appeal No. 03 of 2002:Udaibhan Rai and others and State of U.P. in Criminal Appeal No. 5 of 2002 Braj Bhushan Rai Vs. State of U.P. and others acquitting the opposite parties and setting aside the conviction and sentence under Section 323 I.P.C. arising out of Criminal Case No. 573 of 2001 decided by Additional Civil Judge (Junior Division)/Judicial Magistrate Ist Class, Court No. 20, Azamgarh on 19.12.2001 convicting and sentencing the opposite parties under Section 323 I.P.C. to undergo 3 months rigorous imprisonment and to pay Rs. 100/- each, failing to pay the fine, to undergo simple imprisonment for 15 days.

Learned Additional Advocate General submits that the present revision is of the year, 2003 and it appears that due to efflux of time the revisionist and his counsel have lost interest to pursue this matter, and there appears no illegality or infirmity in the impugned judgment and orders passed by the courts below, therefore, the present revision may be dismissed.

I have gone through the judgment and order passed by the appellate court as well as by the court below and also perused the record. I have also considered the arguments advanced by the learned Additional Advocate General. Further no one appeared on behalf of revisionist to assist the Court pointing out any illegality or infirmity in both the judgments and orders passed by the courts below.

In view of the above, after having gone through both the judgments and orders under challenge, this Court comes to the conclusion that the same need no interference as there is no illegality or infirmity in the judgments and orders under challenge, and further there appears force in the argument of the learned Additional Advocate General that due to efflux of time the revisionist and his counsel have lost interest in pursuing the matter, therefore, the present revision is liable to be dismissed.

Accordingly, the present revision is dismissed.

Let a copy of this order be sent to the concerned District and Sessions Judge for its onwards transmission to the concerned Magistrate for compliance who will proceed further in the matter.

The file is consigned to record.

Let the lower Court record, if any, be returned back to the concerned Court.

Order Date :- 1.4.2022

Arvind