Rajesh Pratap Singh vs State Of U.P. And Others
2022 Latest Caselaw 3417 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 93
 

 
Case :- CRIMINAL REVISION No. - 584 of 2001
 
Revisionist :- Rajesh Pratap Singh
 
Opposite Party :- State of U.P. and Others
 
Counsel for Revisionist :- C.H. Singh Gautam
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Shamim Ahmed,J.

This revision has been filed against the judgment and order dated 08.12.2000 passed by Special Judge (E.C.Act) Ghazipur in Criminal Appeal No. 25/98, under Sections 147, 148,323, 325, 352 I.P.C. as well as order dated 12.05.1998 passed by Judicial Magistrate, Ghazipur in Case Crime No. 665/97 in which learned court below acquitted the opposite party.

This revision was filed in the year 2001 and the first time was listed on 16.11.2017. On that date, learned counsel for the revisionist sought adjournment on the ground of illness. Thereafter, the case was again listed on 04.12.2017, on that date learned counsel for the revisionist sought adjournment on the ground of illness. Thereafter, the case was again listed on 19.01.2019 on that date, learned counsel for the revisionist sought adjournment. Today, the case is listed after more than three years.

Heard Sri C.H.Singh Gautam, the learned counsel for the revisionist, Sri Vinod Kant, learned Additional Advocate General assisted by Sri Sanjay Kumar Singh, the learned A.G.A. for the State and perused the record.

Learned counsel for the revisionist is not able to show any illegality or infirmity in the appellate order by which the accused persons were exonerated.

In view of the above, after having gone through the judgment and order under challenge, this Court comes to the conclusion that the same need no interference as there is no illegality or infirmity in the judgment and order under challenge and the court below has rightly passed the impugned order giving benefit of doubt to the accused persons regarding their involvement in the alleged crime, as the prosecution fails to prove this fact that the accused persons were involved in the said incident.

Accordingly, the present revision is dismissed.

Let a copy of this order be sent to the concerned District and Sessions Judge for its onwards transmission to the concerned Magistrate for compliance who will proceed further in the matter.

The file is consigned to record.

Let the lower Court record, if any, be returned back to the concerned Court.

Order Date :- 19.5.2022

Arvind