Babulal vs State Of M.P. Thru P.S. ...
2023 Latest Caselaw 11028 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. 830 of 2005

                          BETWEEN:-
                          1.    BABULAL S/O BIHARILAL , AGED ABOUT 62
                                Y E A R S , O C C U PAT I O N : NOT   MENTIONED,
                                RESIDENT OF GRAM SAMBAL PURA,TEH.
                                CHHACHODA,         DISTRICT         GUNA (MADHYA
                                PRADESH)

                          2.    RAMGHAN S/O BABOOLAL , AGED ABOUT 40
                                Y E A R S , OCCUPATION: NOT  MENTIONED,
                                RESIDENT OF GRAM SANWALPURA, CHADHODA,
                                DISTRICT GUNA (MADHYA PRADESH)

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

                          AND
                          STATE OF M.P. THRU P.S. CHHACHODA, DISTRICT
                          GUNA (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 revision is pending since 2005. On 16-04-2023 and 27-09-2023 no one had appeared for the petitioner. On 13-12-2014, the matter could not be settled before the Lok Adalat. Today also, no body appears for the petitioners. It appears that the petitioners have lost their interest in prosecuting this revision.

Perused the record.

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

This criminal revision under Section 397/401 of CrPC has been preferred by petitioners against the judgment dated 08-11-2005 passed by Additional Sessions Judge, Chachoda, District Guna in Criminal Appeal No. 02 of 2005 confirming the judgment dated 03-12-2004 passed by the Court of JMFC, Chachoda, District Guna in Criminal Case No. 647 of 1996 whereby the petitioners have been convicted under Section 324, 325 of IPC and sentenced to undergo six-six months RI with fine of Rs.300-300/- and one-one year RI with fine of Rs.400-400/- respectively.

On going through the evidence, 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