Har Prasad vs State Of M.P.
2023 Latest Caselaw 11026 MP

                                                            1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT GWALIOR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                 ON THE 17 th OF JULY, 2023
                                           CRIMINAL REVISION No. 896 of 2005

                          BETWEEN:-
                          HAR PRASAD S/O SHRI KAILASHI , AGED ABOUT 35
                          YEARS, OCCUPATION: LABOURER, R/O MANGALPUR,
                          BIJAULI DISTT. GWALIOR (MADHYA PRADESH)

                                                                                         .....PETITIONER
                          (SHRI SUNIL SONI, LEARNED COUNSEL FOR THE PETITIONER )

                          AND
                          STATE OF M.P. DISTT.GWALIOR (MADHYA PRADESH)

                                                                                        .....RESPONDENT
                          (SHRI R. K. UPADHYAY- LEARNED COUNSEL FOR THE RESPONDENT-
                          STATE)

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

This criminal revision under Section 397/401 of CrPC has been preferred

by petitioner against the judgment dated 21-12-2005 passed by Fifth Additional Sessions Judge, Gwalior in Criminal Appeal No. 295 of 2005 confirming the judgment dated 14-10-2005 passed by the Court of JMFC, Gwalior in Criminal Case No. 1092 of 2004 whereby the petitioner has been convicted under Section 25(1-B) (A) of the Arms Act and sentenced to one year RI with fine of Rs.300/-.

Allegation against the petitioner is that on getting information the police

Signature Not Verified force on 15-09-2000 reached spot village Jugalpura to arrest the petitioner in Signed by: MAHENDRA BARIK Signing time: 7/18/2023 1:39:13 PM

connection with Crime No. 116 of 2000 registered against him and on seeing police force petitioner ran away but police surrounded him and caught hold of him and from his possession a 12 bore loaded katta without having no licence was seized.

On going through the evidence as well as material available on record, in the considered opinion of this Court, no illegality or perversity has been committed by the Courts below in convicting the petitioner.

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.

Consequently, this revision stands dismissed.

(DEEPAK KUMAR AGARWAL) JUDGE MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 7/18/2023 1:39:13 PM