Smt. Rekha Yadav vs The State Of Madhya Pradesh
2023 Latest Caselaw 6045 MP

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                           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. 4934 of 2019

                          BETWEEN:-
                          SMT. REKHA YADAV W/O SHRI KAUSHAL YADAV D/O
                          SHRI ROOPSINGH YADAV, AGED ABOUT 29 YEARS,
                          RESIDENT OF YADAV MOHALLA PETROL PUMP KE
                          PASS MUNGAWALI DISTRICT ASHOK NAGAR (MADHYA
                          PRADESH)

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

                          AND
                          1.    THE STATE OF MADHYA PRADESH INCHARGE
                                POLICE STATION PS MUNGAWALI, DISTRICT
                                ASHOK NAGAR (MADHYA PRADESH)

                          2.    KAUSHAL S/O HUKAM SINGH YADAV, AGED
                                ABOUT 30 YEARS, RESIDENT OF ASHOK VIHAR
                                COLONY CHTRANSH COMPUTER KE SAMNE
                                SHIVPURI (MADHYA PRADESH)

                          3.    HUKAM SINGH S/O GANGAPRASAD YADAV, AGED
                                ABOUT 52 YEARS, RESIDENT OF ASHOK VIHAR
                                COLONY CHTRANSH COMPUTER KE SAMNE
                                SHIVPURI (MADHYA PRADESH)

                          4.    SMT. KUSUM BAI W/O HUKAM SINGH, AGED
                                ABOUT 48 YEARS, RESIDENT OF ASHOK VIHAR
                                COLONY CHTRANSH COMPUTER KE SAMNE
                                SHIVPURI (MADHYA PRADESH)

                                                                                .....RESPONDENTS
                          (SHRI GIRDHARI SINGH- LEARNED COUNSEL FOR THE RESPONDENT
                          NO.1- STATE )

                                This revision coming on for HEARING this day, the court passed the
                          following:
Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 4/13/2023
5:52:00 PM
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                                                               ORDER

No one appears for the applicant today. On 04-11-2019 no body had appeared for the petitioner also. This revision is pending since 2019. Perused records as well as judgments of both Courts below.

This criminal revision under Section 397 read with Section 401 of CrPC has been filed by the applicant- complainant challenging the judgment dated 04th September, 2019 passed by Second Additional Sessions Judge, Mungawali, Ashok Nagar in Criminal Appeal No.57 of 2016 modifying the judgment dated 24-06-2016 passed by Court of JMFC, Ashok Nagar in Criminal Case No.720 of 2013, whereby the sentence of two years RI with fine

of Rs.1,000/- with default stipulation as awarded by Court of JMFC to the respondents no.2 to 4/ accused has been reduced to three-months rigorous imprisonment with fine of Rs.1,000/- for offence under Section 498-A of IPC by lower appellate Court.

In the memo of this revision, the applicant made a ground that the the lower Appellate Court has not properly appreciated the evidence while passing the impugned judgment and has wrongly reduced the jail sentence to three months as awarded by the trial Court to the accused.

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 in passing the impugned judgment. 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 Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 4/13/2023 5:52:00 PM

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