Smt Babita vs State Of U.P. And Another
2023 Latest Caselaw 2262 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 91
 

 
Case :- CRIMINAL REVISION No. - 256 of 2023
 

 
Revisionist :- Smt Babita
 
Opposite Party :- State of U.P. and Another
 
Counsel for Revisionist :- Ramesh Kumar Pandey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Ajit Singh,J.

This revision has been filed by the revisionist by the revisionist against judgment and order dated 17.10.2022 passed by Additional Session Judge/Fast Track Court-2, Ghaziabad in Criminal Appeal No.109 of 2016, Ashok Vs, State of U.P. and another arising out of Case Crime No.404 of 1998, under Sections 498-A, 323 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Shahibabad, district Ghaziabad, by which the appellant court has affirmed the order passed by the learned Magistrate. The appellate court by the impugned order has release the accused/respondent no.2 on probation. Aggrieved by the said order, the present revision has been filed.

Learned counsel for the revisionist submitted that while passing the order the learned appellate court has not considered the findings recorded by the trial court and released the opposite party no.2 on probation. The order dated 17.10.2022 passed by learned appellate court suffers from illegality, infirmity or perversity and hence the same is liable to be quashed.

On the other hand, learned A.G.A. submits that the appellate court has passed a legal and valid order, which was passed in full judicial competence and the appellate court can release the accused on probation, which is provided under Section 4 of the Probation of Offenders Act, 1958. The impugned order is totally perfect and valid. No abuse of process is apparently seen in the impugned order, hence no interference is required by this Court.

After having heard learned counsel for the parties, the Court is of the view that the impugned order passed by the appellate court is perfectly legal and valid and no interference is warranted in this matter.

The revision lacks merit and is accordingly, dismissed.

Order Date :- 20.1.2023 R./