Rakesh Kumar vs State Of U.P.
2022 Latest Caselaw 10480 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 10
 

 
Case :- CRIMINAL REVISION No. - 161 of 2009
 

 
Revisionist :- Rakesh Kumar and others
 
Opposite Party :- State of U.P.
 
Counsel for Revisionist :- S.S. Rathore,C.P. Verma
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Dinesh Kumar Singh,J.

1. This criminal revision, under Section 397/401 CrPC, has been filed against the judgment and order dated 21.03.2009 passed by the learned Additional Sessions Judge, Court No. 7, Unnao in Criminal Appeal No.28 of 2008, which was filed by the revisionists against the judgment and order dated 20.08.2008 passed by the Additional Chief Judicial Magistrate, Court No. 1, Unnao in Criminal Case No.1563 of 2007, arising out of Case Crime No.039 of 2003, under Sections 452, 323 and 504 IPC lodged at Police Station Asivan, District Unnao.

2. The learned Magistrate found the revisionists guilty of committing offences under Sections 452/323/504 IPC, however, released them on probation for six months for maintaining peace and good behaviour in the society under Section 4 of the Probation of Offenders Act, 1958. Fine of Rs.400/- was imposed upon each of the revisionists (total Rs.1600) and, out of this amount, Rs. 1000/- was directed to be paid to the injured.

3. The learned appellate Court vide the impugned judgment and order dismissed the appeal and maintained the order of punishment passed by the learned trial Court intact, however, directed the revisionists to deposited Rs.200/-, in place of Rs.400/-, as case expenses.

4. The incident is alleged to have taken place on 23.12.2002 at around 3 p.m.

5. After perusing the judgment and orders carefully passed by the learned Courts below, this Court does not find any error of law, fact or evidence, which requires any interference by this Court in exercise of revisional jurisdiction. Thus, the revision fails and is, accordingly, dismissed.

Order Date :- 17.8.2022

MVS/-