Babu Singh vs Kailash And Others
2022 Latest Caselaw 10485 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL REVISION No. - 2088 of 1981
 

 
Revisionist :- Babu Singh
 
Opposite Party :- Kailash And Others
 
Counsel for Revisionist :- B.P Gupta
 
Counsel for Opposite Party :- P.S Chaturvedi,G.S Chaturvedi
 

 
Hon'ble Vivek Kumar Birla,J.

Hon'ble Shiv Shanker Prasad,J.

This is a revision instituted by the revisionist challenging the judgment and order dated 8.12.1981 passed by the Ist Additional District & Sessions Judge, Banda in Session Trial No. 419 of 1980 (State vs. Babu Lal and others) whereby the accused persons have been acquitted.

Though this Court had entertained the present revision while calling for the record, however, the proceedings under Section 397/401 Cr.P.C. for enhancement/conviction of the accused, who has been acquitted, is not maintainable in view of the law laid down by Hon'ble Apex Court in Criminal Appeal No. 90-93 of 2022 (Joseph Stephen and others vs. Santhanasamy and others) decided on 25.1.2022.

A reference may also be made to the judgement and order dated 27.7.2022 passed by this Court in Criminal Revision No. 376 of 2010 (Hari Ram vs. State of U.P. and others).

In view of the law laid down by Hon'ble Apex Court in the case of Joseph Stephen (supra), present revision at the instance of the revisionist herein is not maintainable and is accordingly dismissed.

Order Date :- 17.8.2022

Abhishek