Radhey Shyam Yadav vs State Of U.P.
2022 Latest Caselaw 11798 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 10
 

 
Case :- CRIMINAL REVISION No. - 417 of 2009
 

 
Revisionist :- Radhey Shyam Yadav
 
Opposite Party :- State of U.P.
 
Counsel for Revisionist :- S.K. Upadhyay
 
Counsel for Opposite Party :- G.A.,Sharad Pathak
 

 
Hon'ble Dinesh Kumar Singh,J.

1. No one has put in appearance on behalf of the revisionist to press this revision even in revised call. However, Sri Rao Narendra Singh, learned AGA is present.

2. The present criminal revision under Section 397 read with Section 401 Cr.P.C. has been filed against the judgement and order of acquittal dated 22.5.2009 passed by the Additional Sessions Judge/FTC, Court No.11, Sultanpur in S.T. No.182 of 2004, under Sections 323 and 504 I.P.C., whereby the learned trial court had acquitted respondent nos.2 and 3 for the aforesaid offences.

3. I have gone through the judgement and order passed by the trial court.

4. The incident allegedly took place in the year 2002. The judgment and order of the trial court is dated 22.5.2009. This revision was filed in the year 2009 and thus, it has remained pending for the last 13 years.

5. The trial court after considering the evidence and taking into consideration the statements of the prosecution as well as defence witnesses, had acquitted respondent nos.2 and 3 of the offences as mentioned above. The view taken by the trial court is plausible one and it cannot be said that the judgement and order passed by the trial court acquitting the accused is perverse or manifestly incorrect. Therefore, this Court should not interfere with the impugned judgement and order passed by the trail court in exercise of revisional jurisdiction as there is no manifest error in it.

6. The revision without any merit and substance, is dismissed.

Order Date :- 30.8.2022

Rao/-