Devi Prasad vs State Of U.P.
2022 Latest Caselaw 6510 ALL

Citation : 2022 Latest Caselaw 6510 ALL
Judgement Date : 11 July, 2022

Allahabad High Court

Devi Prasad vs State Of U.P. on 11 July, 2022

Bench: Ajai Kumar Srivastava-I




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 15
 

 
Case :- CRIMINAL REVISION No. - 526 of 2008
 

 
Revisionist :- Devi Prasad
 
Opposite Party :- State of U.P.
 
Counsel for Revisionist :- Shrawan Kumar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Ajai Kumar Srivastava-I,J.

Heard Shri Shrawan Kumar, learned counsel for the revisionist and Shri Rajesh Kumar Singh, learned A.G.A. for the State.

The instant criminal revision under Section 397/401 Cr.P.C. has been preferred against the judgement and order dated 05.08.2008 passed by Sessions Judge, Barabanki in Criminal Appeal No.08/2008, Sri Prakash Singh vs. Devi Prasad and another, by which he partly confirmed the judgment and order passed by Smt. Neetu Pathak, Judicial Magistrate, Court No.27, Barabanki in Case No.173/07, arising out of Crime No.173/07, under Sections 465/120B and 468/120B I.P.C., Police Station Kotwali Nagar, District Barabanki by which learned Court below on 27.03.2008 convicted and sentenced opposite party no.2 under Sections 465/120B I.P.C. to 6 months rigorous imprisonment and Rs.200 as fine and under Sections 468/120B I.P.C. 1 year rigorous imprisonment and Rs.300 as fine, but the learned Sessions Court acquitted the opposite party no.2 under Sections 465/120B I.P.C.

Learned counsel for the revisionist has very fairly submitted that the instant revision has been filed for enhancement of sentence awarded to opposite party no.2, Sri Prakash Singh. His further submission is that the opposite party no.2 has also filed a criminal revision bearing Criminal Revision No.411 of 2008, wherein this Court vide order dated 11.07.2022 has recorded the finding that the opposite party no.2, Sri Prakash Sigh has died and the said revision has been dismissed as abated. Therefore, the instant revision has become infructuous and may be decided accordingly.

Learned A.G.A. for the State has no objection to the aforesaid prayer made by learned counsel for the revisionist.

Keeping in view the aforesaid overall facts and circumstances, the instant revision is dismissed as having become infructuous.

Order Date :- 11.7.2022

A.Dewal