B.N. Dwivedi vs State Of U.P.
2022 Latest Caselaw 9741 ALL

Citation : 2022 Latest Caselaw 9741 ALL
Judgement Date : 8 August, 2022

Allahabad High Court

B.N. Dwivedi vs State Of U.P. on 8 August, 2022

Bench: Vivek Kumar Birla, Sameer Jain




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL REVISION No. - 967 of 1985
 

 
Revisionist :- B.N. Dwivedi
 
Opposite Party :- State of U.P.
 
Counsel for Revisionist :- D.S. Tiwari
 
Counsel for Opposite Party :- A.G.A.
 

 
Hon'ble Vivek Kumar Birla,J.

Hon'ble Sameer Jain,J.

This is a revision instituted by the revisionist challenging the judgment and order dated 14.3.1985 passed by the Special Judge (E.C. Act)/ Additional Judge, Jalaun at Orai in Session Trial No. 49 of 1984 (State vs. Panna 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 :- 8.8.2022

Abhishek