Ashok Kumar vs State Of U.P. And Others
2022 Latest Caselaw 13761 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL REVISION DEFECTIVE No. - 728 of 2009
 

 
Revisionist :- Ashok Kumar
 
Opposite Party :- State of U.P. and Others
 
Counsel for Revisionist :- Rajiv Gupta,Uma Nath Pandey
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Vivek Kumar Birla,J.

Hon'ble Rahul Chaturvedi,J.

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 19.12.2009 passed by the Additional District and Sessions Judge/Fast Track Court No. 4, Gautam Buddh Nagar in S.T. No. 662 of 2006 (State vs. Ajit and others), whereby the the opposite party nos. 2 to 5 have been acquitted of the offence under Section 302 read with Section 120-B and under Section 147, 148 IPC but have been convicted only under Section 307 read with Section 34 and also under Section 324 read with Section 34 IPC.

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 Criminal Appeal No.90-93 of 2022 (Joseph Stephen and Others vs. Santhanasamy and Others), decided on 25.01.2022.

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).

Therefore, there is no occasion to consider exemption application filed for exempting filing for the certified copy of the judgment.

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 :- 26.9.2022

Lalit Shukla