Smt. Razia Khan vs Mustaq Qureshi
2023 Latest Caselaw 5972 MP

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                             IN    THE      HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                     BEFORE
                                  HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                 ON THE 12 th OF APRIL, 2023
                                           CRIMINAL REVISION No. 3519 of 2021

                            BETWEEN:-
                            SMT. RAZIA KHAN S/O MUSTAQ AHMAD QURESHI,
                            AGED ABOUT 30 YEARS, OCCUPATION: HOUSEWIFE R/O
                            VILL CHANDSI GALI NAI SADAK GUNA P.S. CITY
                            KOTWALI DISTRICT GUNA (MADHYA PRADESH)

                                                                                      .....PETITIONER
                            (BY SHRI RISHIKESH BOHARE - ADVOCATE)

                            AND
                            1.    MUSTAQ QURESHI S/O NABI BAKHS QURESHI,
                                  AGED ABOUT 34 YEARS, GOPALPURA DIST.
                                  MORENA (MADHYA PRADESH)

                            2.    ZAKIR QURESHI S/O NABI BAKHS QURESHI,
                                  AGED ABOUT 40 YEARS, GOPALPURA DIST.
                                  MORENA (MADHYA PRADESH)

                            3.    SMT. RAZIA QURESHI W/O HABIB KHAN, AGED
                                  ABOUT 48 YEARS, GOPALPURA DIST. MORENA
                                  (MADHYA PRADESH)

                            4.    SHAHNAZ BANO W/O HIDAYAT ALI, AGED ABOUT
                                  42 YEARS, RASEED COLONY GUNA (MADHYA
                                  PRADESH)

                            5.    STATE OF MP THR. POLICE STATION CITY
                                  KOTWALI DIST. GUNA (MADHYA PRADESH)

                                                                                   .....RESPONDENTS
                            (BY SHRI VEERENDRA PAL - PUBLIC PROSECUTOR)
                            (BY SHRI ANKUR MAHESHWARI, LEARNED COUNSEL FOR THE
                            RESPONDENT NO.2)

                                  Th is revision coming on for hearing this day, th e court passed the
                            following:
Signature Not Verified
Signed by: VIJAY TRIPATHI
Signing time: 4/13/2023
2:31:07 PM
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                                                                 ORDER

Despite taking time from this Court on the last date of hearing, none appears on behalf of the petitioner today.

Record as well as judgments of both the Courts below are perused. This criminal revision under Section 397 read with Section 401 of CrPC has been filed by petitioner aggrieved by the judgment dated 27.10.2021 passed by Vth Additional Sessions Judge, Guna in Criminal Appeal No.72 of 2021 affirming the judgment dated 06.12.2018 passed by the Court of JMFC, Guna (M.P.) in Criminal Case No. 78 of 2017, by which the applicant has been convicted under Section 498-A of IPC and the respondents No.1 to 4 have

been acquitted from offence under Section 498-A of IPC.

Having perused the record and gone through the impugned judgments passed by learned trial Court as well as lower appellate Court, this Court is of the considered opinion that no illegality has been committed by the Court below in passing the impugned judgments.

The Apex Court in the case of Duli Chand vs. Delhi Administration as reported in (1975) 4 SCC 649, has held that the jurisdiction of the High Court in a criminal revision is severely restricted and it cannot embark upon a re-appreciation of evidence. The said judgment has been followed by the Apex Court in the case of State of Maharashtra vs. Jagmohan Singh Kuldip Singh Anand and others as reported in (2004) 7 SCC 659.

Accordingly, present criminal revision stands dismissed.

(DEEPAK KUMAR AGARWAL) JUDGE Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 4/13/2023 2:31:07 PM

Vijay

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 4/13/2023 2:31:07 PM