Kedar Lodhi vs State Of M.P.
2023 Latest Caselaw 6713 MP

                                                             1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                ON THE 25 th OF APRIL, 2023
                                           CRIMINAL REVISION No. 750 of 2009

                          BETWEEN:-
                          KEDAR LODHI S/O S/O SHRI VISHWANATH , AGED
                          ABOUT 28 YEARS, OCCUPATION: DRIVER R/O GRAM
                          KAKHARKEDA, THANA PICHORE, DISTT. SHIVPURI
                          (MADHYA PRADESH)

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

                          AND
                          STATE OF M.P. THROUGH POLICE STATION PICHHORE,
                          DISTRICT SHIVPURI (MADHYA PRADESH)

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

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

No one appears for the applicant. This revision is pending since 2009. Therefore, this Court thinks appropriate to pass an order after going through the records as well as judgments of both the Courts below.

This criminal revision under Section 397 read with Section 401 of CrPC has been filed by applicant against the judgment dated 17-09-2009 passed by Second Additional Sessions Judge (FTC), Pichhore, District Shivpuri in Criminal Appeal No.108 of 2009 confirming the judgment dated 08-06-2009 passed by Court of JMFC, Pichhore, District Shivpuri in Criminal Case Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 4/26/2023 10:30:41 AM

No.374 of 2006, whereby the applicant has been convicted under Sections 279, 337, 338 of IPC and sentenced to pay a fine of Rs.1,000, Rs.500/-, Rs.1,000/- and further sentenced to undergo one year simple imprisonment with fine Rs.2,000/- for offence under Section 304-A of IPC.

In the memo of this revision, the applicant made a ground that the the lower Appellate Court as well as trial Court have not properly appreciated the evidence while passing the impugned judgments and have wrongly convicted and sentenced the applicant as stated above.

Having perused the records and gone through the impugned judgments passed by the trial Court as well as the lower appellate Court, this Court is of

the considered opinion that no illegality has been committed by 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: 4/26/2023 10:30:41 AM