Aseef vs State Of U.P. And Others
2022 Latest Caselaw 12878 ALL

Citation : 2022 Latest Caselaw 12878 ALL
Judgement Date : 13 September, 2022

Allahabad High Court

Aseef vs State Of U.P. And Others on 13 September, 2022

Bench: Vivek Kumar Birla, Rahul Chaturvedi




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL REVISION No. - 4309 of 2006
 

 
Revisionist :- Aseef
 
Opposite Party :- State of U.P. and Others
 
Counsel for Revisionist :- S.M.N. Abbas Abedi,Araf Khan,Lihazur Rahman Khan
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Vivek Kumar Birla,J.

Hon'ble Rahul Chaturvedi,J.

List revised.

No one appears to press this revision.

This is a Criminal Revision under Section 397/401 of the Code of Criminal Procedure, 1973 (in short 'Cr.P.C.) instituted by the Revisionist challenging the judgment and order dated 29.04.2006, passed by the Additional Sessions Judge/Fast Track Court No.5, Meerut in S.T. No.610 of 2001 (State vs. Abrar and Others) and S.T. No.610A/01 (State vs. Saleem), under Section 148, 149, 307, 302 IPC whereby the accused persons have been acquitted.

Though this Court had entertained the present revision while calling for the record, however, 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 the Hon'ble Apex Court in Joseph Stephen and Others vs. Santhanasamy and Others, 2022 SCC Online SC 90.

A reference may also be made to the judgment and order dated 27.07.2022 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 the Hon'ble Apex Court in the case of Joseph Stephen (supra), present revision at the instance of the revisionist herein is not maintainable and is accordingly dismissed.

Order Date :- 13.9.2022

Nitendra