Khem Chand @ Hem Chand vs State Of U.P.
2023 Latest Caselaw 35840 ALL

Allahabad High Court

Khem Chand @ Hem Chand vs State Of U.P. on 19 December, 2023

Author: Subhash Chandra Sharma

Bench: Subhash Chandra Sharma

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:240112
 
Court No. - 80
 
Case :- CRIMINAL REVISION No. - 3367 of 2013
 

 
Revisionist :- Khem Chand @ Hem Chand
 
Opposite Party :- State of U.P.
 
Counsel for Revisionist :- Bhuvnesh Kumar Singh
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Subhash Chandra Sharma,J.
 

List revised.

None appeared for the revisionist even in the revised call except learned A.G.A. for the State.

Since this is criminal revision and cannot be dismissed in default therefore it is decided on merit.

The present criminal revision has been preferred by the revisionist with a prayer to allow this revision and set aside the judgment and order dated 19.09.2013 passed by learned Additional Sessions Judge, Court No. 1, Bijnor in Criminal Appeal No. 11 of 2013 as well as order dated 24.01.2013 passed by trial court and further pleased to release the revisionist in Criminal Case No. 482 of 2011 under Section 376 I.P.C. Police Station Heempur, District Bijnor.

It is contended by learned A.G.A. that in this case conviction was made by learned J.J. Board on 24.01.2013 against which appeal was filed before the learned court of Session which was also dismissed by order dated 19.09.2013 and he was taken into custody to comply the direction given by the learned J.J. Board by which he was sent to Special Home for a period of three years. It is also contended that from the date of judgment passed by learned appellate court that is on 19.09.2013 about nine years have elapsed and the period for which the revisionist was sent to Special Home has also expired and there was no stay by this Court on the operation of orders passed by learned J.J. Board as well as learned appellate court, therefore this revision has become infructuous.

Considering the facts and circumstances of the case, submission made by learned A.G.A., perusal of record, the orders passed by learned J.J. Board as well as learned appellate court i.e. 19.09.2013 about nine years have elapsed and the period for which the revisionist was sent to Special Home has also expired and there was no stay by this Court on the operation of order by which he was sent to special home for a period of three years. Now, after lapse of nine years this criminal revision has no relevance.

Accordingly, this criminal revision is dismissed.

Order Date :- 19.12.2023

Suraj Srivastav