Smt. Munni vs State Of U.P. And Another
2022 Latest Caselaw 3607 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 93
 

 
Case :- CRIMINAL REVISION No. - 457 of 2010
 
Revisionist :- Smt. Munni
 
Opposite Party :- State of U.P. and Another
 
Counsel for Revisionist :- V.S. Kushwaha
 
Counsel for Opposite Party :- Govt. Advocate,Nanhey Lal Tripathi
 

 
Hon'ble Shamim Ahmed,J.

Heard Sri V.S.Kushwaha, learned counsel for the revisionist and Sri Vinod Kant, learned Additional Advocate General assisted by Sri Sanjay Kumar Singh, learned A.G.A. for the State.

This revision has been filed against the order dated 04.12.2009 passed by the Additional Session Judge/Special Judge U.P.D.A.A. Lalitpur acquitted opposite party no.2 in Session Trial No. 71 of 2007, under Section 394 and 354 I.P.C. Police Station Kotwali, District Lalitpur.

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 :- 20.5.2022

Arvind