Citation : 2023 Latest Caselaw 6317 MP
Judgement Date : 19 April, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
ON THE 19 th OF APRIL, 2023
CRIMINAL REVISION No. 383 of 2015
BETWEEN:-
1. DESHRAJ @ BABLU S/O SHRI BHANVAR SINGH
RAJPUT, AGED ABOUT 29 YEARS, R/O GRAM
JHIKNI TEHSIL KUMBHRAJ GUNA (MADHYA
PRADESH)
2. RAMBANA S/O POORAN SINGH, AGED ABOUT 25
YEAR S , R/O GRAM JHIKNI TEH. KUMBHRAJ
GUNA (MADHYA PRADESH)
3. ANAR SINGH S/O BHAWAR SINGH, AGED ABOUT
38 YEARS, R/O GRAM JHIKNI TEH. KUMBHRAJ
GUNA (MADHYA PRADESH)
4. PRATAP SINGH S/O MOTI SINGH, AGED ABOUT 39
YEARS, R/O GRAM JHIKNI TEH. KUMBHRAJ
GUNA (MADHYA PRADESH)
5. NIRANJAN SINGH S/O POORAN SINGH, AGED
ABOUT 43 YEARS, R/O GRAM JHIKNI TEH.
KUMBHRAJ GUNA (MADHYA PRADESH)
6. HUKUM SINGH S/O BHAWAR SINGH, AGED
ABOUT 33 YEARS, R/O GRAM JHIKNI TEH.
KUMBHRAJ GUNA (MADHYA PRADESH)
7. BAIJNATH SINGH S/O MOTI SINGH, AGED ABOUT
58 YEARS, R/O GRAM JHIKNI TEH. KUMBHRAJ
GUNA (MADHYA PRADESH)
8. RAMBABU S/O BAIJNATH SINGH, AGED ABOUT 25
YEARS, R/O GRAM JHIKNI TEH. KUMBHRAJ
GUNA (MADHYA PRADESH)
9. NABAL SINGH S/O MOTI SINGH, AGED ABOUT 43
YEAR S , R/O GRAM JHIKNI TEH. KUMBHRAJ
GUNA (MADHYA PRADESH)
.....PETITIONERS
Signature Not Verified
Signed by: ADNAN HUSAIN
ANSARI
Signing time: 4/19/2023
6:34:54 PM
2
(NONE FOR THE PETITIONERS)
AND
THE STATE OF MADHYA PRADESH AARKSHI KENDRA
KUMBHRAJ DISTRICT GUNA (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI PRAMOD PACHOURI - PUBLIC PROSECUTOR)
Th is revision coming on for hearing this day, th e court passed the
following:
ORDER
Today, no one has appeared on behalf of petitioners. This criminal revision is pending since 2015.
Case diary is perused.
This criminal revision under Section 397 read with Section 401 of CrPC has been filed by applicants against the judgment dated 23.04.2015 passed by Additional Sessions Judge, Chachoda, District Guna in Criminal Appeal No.220 of 2014 confirming the judgment dated 08.07.2014 passed by the Court of JMFC in Criminal Case No.12/2012, whereby the applicants have been convicted under Section 323/34 of IPC and sentenced to undergo 3-3 months' RI with fine of Rs.200-200/- and for offence under Section 324/34 of IPC sentenced to undergo 1-1 years' RI with fine of Rs.300-300/- and for offence under Section 325/34 of IPC and sentenced to undergo 2-2 years' RI with fine of Rs.500-500/- with default stipulations.
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 Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 4/19/2023 6:34:54 PM
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 Adnan
Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 4/19/2023 6:34:54 PM
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