Citation : 2022 Latest Caselaw 20777 ALL
Judgement Date : 12 December, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 88 Case :- CRIMINAL REVISION DEFECTIVE No. - 158 of 2003 Revisionist :- Indrapal Opposite Party :- State of U.P. and Others Counsel for Revisionist :- R.B. Sahai Counsel for Opposite Party :- Govt.Advocate Hon'ble Syed Aftab Husain Rizvi,J.
Case taken up in the revised call. None is present either for the revisionist or for the O.P. No. 2. Learned A.G.A. is present.
This criminal revision is filed against the judgment and order dated 17.2.2003 passed in Criminal Revision No. 2 of 2003 by Additional Session Judge (F.T.C.) No. 16, Bulandshahar. By the impugned order the learned revisional court has allowed the revision and set-aside the order of conviction passed in Complaint Case No. 18 of 2001 (Indrapal Vs. Aman Singh and others) under section 70 of Northern India Canal and Drainage Act passed by Special Judicial Magistrate-II, Bulandshahar/Ghaziabad/ABDGC Meerut dated 21.12.2002.
The High Court and Court of Sessions have concurrent powers of revision under section 397 Cr.P.C., hence, revision against the order of Sessions Court passed in revisional proceeding will not be maintainable.
The revision is dismissed as not maintainable.
Order Date :- 12.12.2022
Masarrat
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