Gajraj Singh vs State Of M.P.
2023 Latest Caselaw 6041 MP

                                                             1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                ON THE 13 th OF APRIL, 2023
                                           CRIMINAL REVISION No. 320 of 2009

                          BETWEEN:-
                          GAJRAJ SINGH S/O S/O BEERAN LODHI , AGED ABOUT
                          27   YEARS, OCCUPATION: R/O VILLAGE REDI-
                          HIMMATPUR, P.S. KHANIADHANA DISTT. SHIVPURI
                          (MADHYA PRADESH)

                                                                                          .....APPLICANT
                          (NO ONE FOR THE APPLICANT )

                          AND
                          STATE OF M.P. THROUGH PS KHANIADHANA, DISTRICT
                          SHIVPURI (MADHYA PRADESH)

                                                                                        .....RESPONDENT
                          (SHRI PAWAN SINGH RAGHUVANSHI- LEARNED COUNSEL FOR THE
                          RESPONDENT- STATE )

                                Th is revision coming on for hearing this day, th e court passed the
                          following:
                                                              ORDER

Either applicant or his counsel is present today. On 21-03-2023 had appeared for the applicant also. This revision is pending since 2009. The applicant is not appearing before the Registry of this Court on the date given by the Office and IA 3467 of 2023 has been filed for condonation of absence of applicant.

Perused the records as well as impugned judgments. This criminal revision under Section 397 read with Section 401 of CrPC has been filed by the applicant against the judgment dated 23-04-2009 passed Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 4/13/2023 5:52:00 PM

by Additional Judge to the Court of Additional Sessions Judge, Camp Pichhore, District Shivpuri in Criminal Appeal No. 510 of 2006 upholding the judgment and order of sentence dated 18-10-2006 passed by JMFC, Khaniadhana, District Shivpuri in Crimial Case No. 176 of 2004 whereby the applicant has been convicted under Section 304-A of IPC and sentenced to undergo six months imprisonment with fine of Rs.1,000/- with default stipulation.

In the memo of this revision, the applicant made a ground that the both the Courts below have not properly appreciated the evidence while passing the impugned judgments and has wrongly convicted and sentenced the applicant

for the aforesaid offence as mentioned above.

Having perused the records and gone through the impugned judgments passed by trial Court as well as lower appellate Court, this Court is of the considered opinion that no illegality has been committed by the lower Appellate Court as well as trial Court in passing the impugned judgments. The Hon'ble 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 Hon'ble 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 MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 4/13/2023 5:52:00 PM

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 4/13/2023 5:52:00 PM