Bakridi vs State Of U.P. And Anr.
2022 Latest Caselaw 491 ALL

Citation : 2022 Latest Caselaw 491 ALL
Judgement Date : 4 April, 2022

Allahabad High Court

Bakridi vs State Of U.P. And Anr. on 4 April, 2022

Bench: Dinesh Kumar Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 12
 

 
Case :- CRIMINAL REVISION No. - 1086 of 2018
 

 
Revisionist :- Bakridi
 
Opposite Party :- State Of U.P. And Anr.
 
Counsel for Revisionist :- Abdul Samad
 
Counsel for Opposite Party :- Govt. Advocate,Ghaus Beg
 

 
Hon'ble Dinesh Kumar Singh, J.

1. Heard Sri Ashwani Kumar Singh, learned AGA.

2. The present revision has been filed challenging the judgment and order dated 25.9.2018 passed by the Sessions Judge, Lakhimpur Kheri in Criminal Appeal No.62 of 2016, which was preferred under Section 372 Cr.P.C. against the judgement and order dated 14.7.2016 passed by the Chief Judicial Magistrate, Lakhimpur Kheri, whereby the trial court has acquitted the revisionist under Sections 352, 504, 506 and 420 IPC. However, he was convicted under Section 406 IPC. The revisionist was given the benefit of Section 4 of the Probation of Offenders Act and kept under probation for one year and directed to execute the bond of Rs.20,000/-.

3. Aggrieved by the said judgement and order, the complainant had filed the criminal appeal. The appellate court vide impugned judgement and order dated 25.9.2018, after setting aside the judgement and order of the trial court, remanded the matter back to the trial court to decide the case afresh in accordance with law.

4. The appellate court after considering the prosecution case, evidence lead by the parties and the submissions advanced on behalf of the prosecution and defence, had remanded the matter back to the trial court for taking decision afresh in accordance with law. 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 interfere 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.

(Dinesh Kumar Singh, J.)

Order Date :- 4.4.2022

Rao/-