Shiv Kumar Sen vs State Of U.P. And Another
2022 Latest Caselaw 21797 ALL

Citation : 2022 Latest Caselaw 21797 ALL
Judgement Date : 19 December, 2022

Allahabad High Court

Shiv Kumar Sen vs State Of U.P. And Another on 19 December, 2022

Bench: Gautam Chowdhary




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 87
 

 
Case :- CRIMINAL REVISION No. - 852 of 2022
 

 
Revisionist :- Shiv Kumar Sen
 
Opposite Party :- State of U.P. and Another
 
Counsel for Revisionist :- Fakhruzzaman
 
Counsel for Opposite Party :- G.A.,Imran Ali,Vinkesh Ojha
 

 
Hon'ble Dr. Gautam Chowdhary,J.

Heard learned counsel for the revisionist, learned A.G.A. for the State and peruse the record.

This Criminal Revision has been filed by the revisionist to allow the same, calling records of learned Court, by setting aside impugned judgment and order dated 20.12.2021 passed by Principal Judge, Family Court, Jhansi in Case No.467 of 2018 (Smt. Pinky Versus Shiv Kumar Sen), under Section 125 Cr.P.C.

The contention of learned counsel for the revisionist is that no offence against the revisionist is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of causing harassment. He pointed out certain documents and statements in support of his contention.

At this stage, the argument raised by learned counsel for the revisionist involves adjudication of a factual dispute and appraisal of evidence.

From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the revisionist at this stage. All the submissions made at the bar, relate to the disputed questions of fact, which cannot be adjudicated upon by this Court. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283. The disputed defence of the accused cannot be considered at this stage.

The reliefs as sought by the revisionist is refused.

The instant criminal revision stands dismissed, accordingly.

Order Date :- 19.12.2022

Sachin/-