Jai Singh vs Room Singh And Others
2022 Latest Caselaw 9750 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL REVISION No. - 2016 of 1985
 

 
Revisionist :- Jai Singh
 
Opposite Party :- Room Singh And Others
 
Counsel for Revisionist :- Satish Trivedi
 

 
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 20.7.1985 passed by the Sessions Judge in Sessions Trial No. 645 of 1982 (State vs. Room Singh 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