Bhim Prasad And Others vs Prem Sonkar
2022 Latest Caselaw 12191 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL REVISION No. - 1234 of 1984
 

 
Revisionist :- Bhim Prasad And Others
 
Opposite Party :- Prem Sonkar
 
Counsel for Revisionist :- B.N. Singh
 
Counsel for Opposite Party :- D.P. Singh
 

 
Hon'ble Vivek Kumar Birla,J.

Hon'ble Vikram D. Chauhan,J.

This is a revision instituted by the revisionists challenging the judgment and order dated 12.04.1984 passed by the Vth Additional District & Sessions Judge, Deoria in Sessions Trial No. 62 of 1982 (State vs. Prem Shankar and others) whereby the accused persons have been acquitted.

Though this Court had entertained the present revision while calling for the record, however, the proceedings under Section 397/401 Cr.P.C. for enhancement/conviction of the accused, who has been acquitted, is not maintainable in view of the law laid down by Hon'ble Apex Court in Criminal Appeal No. 90-93 of 2022 (Joseph Stephen and others vs. Santhanasamy and others) decided on 25.1.2022.

A reference may also be made to the judgement and order dated 27.7.2022 passed by this Court in Criminal Revision No. 376 of 2010 (Hari Ram vs. State of U.P. and others).

In view of the law laid down by Hon'ble Apex Court in the case of Joseph Stephen (supra), present revision at the instance of the revisionists herein is not maintainable and is accordingly dismissed.

Order Date :- 6.9.2022

VMA