Harish Chandra Sharma vs State Of U.P.
2022 Latest Caselaw 690 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 93
 

 
Case :- CRIMINAL REVISION No. - 1415 of 2004
 
Revisionist :- Harish Chandra Sharma
 
Opposite Party :- State of U.P.
 
Counsel for Revisionist :- G.R.S. Pal
 
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 Abhishek Shukla, learned A.G.A.-I for the State.

This revision has been filed against the judgment and order dated 23.07.2002 passed by Ist J.M.Budaun in Case No. 553/02 Crime No. 70/93 Police Station Vajeerganj, District Budaun convicting and sentencing the revisionist to undergo 3 months rigorous imprisonment and fine Rs. 300/- under Section 279 I.P.C. six months rigorous imprisonment and fine Rs. 500/- under Section 338 I.P.C. and 1 year rigorous imprisonment and fine Rs. 1000/- under Section 304A I.P.C. and in default of fine 2 months more simple imprisonment and against the judgment and order dated 23.03.2004 passed by District and Sessions Judge, Budaun in Appeal No. 59/02 dismissing the appeal of the appellant.

Learned A.G.A. submits that the present revision is of the year, 2004 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 A.G.A.. 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 A.G.A. 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 :- 7.4.2022

Arvind