The State Of Madhya Pradesh vs Amit Dwivedi
2023 Latest Caselaw 8721 MP

                                                              1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                    BEFORE
                                  HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
                                                  ON THE 14 th OF JUNE, 2023
                                           CRIMINAL REVISION No. 1965 of 2023

                          BETWEEN:-
                          STATE OF MADHYA PRADESH THROUGH ITS POLICE
                          STATION KOTWALI, DISTRICT SHAHDOL (MADHYA
                          PRADESH).

                                                                                            .....PETITIONER
                          (BY SHRI SANTOSH KUMAR YADAV - DY. GOVERNMENT ADVOCATE )

                          AND
                          1.    AMIT DWIVEDI S/O NAGESHWARDHAR DWIVEDI,
                                AGED ABOUT 40 YEARS, R/O SHANTA NAGAR,
                                NEAR HANUMAN MANDIR, SEONI, P.S. SEONI,
                                DISTRICT SEONI (MADHYA PRADESH).

                          2.    NAGESHWARDHAR DWIVEDI S/O OMKARDHAR
                                DWIVEDI, AGED ABOUT 68 YEARS, R/O SHANTA
                                NAGAR, NEAR HANUMAN MANDIR, SEONI, P.S.
                                SEONI, DISTRICT SEONI (MADHYA PRADESH).

                          3.    SMT. PRABHA W/O NAGESHWARDHAR DWIVEDI,
                                AGED ABOUT 65 YEARS, R/O SHANTA NAGAR,
                                NEAR HANUMAN MANDIR, SEONI, P.S. SEONI,
                                DISTRICT SEONI (MADHYA PRADESH).

                                                                                         .....RESPONDENTS
                          (NONE )

                                This revision coming on for admission this day, th e court passed the
                          following:
                                                               ORDER

Heard on I.A. No.11848/2023, application for condonation of delay and also on merit of the case. This revision petition has been filed after a delay of 89 days. No sufficient cause has been shown for the delay in filing the revision. Signature Not Verified Signed by: RASHMI TIKARAM CHIKANE Signing time: 6/15/2023 11:09:56 AM

2. On a perusal of the impugned appellate judgment, it is apparent that respondents have been acquitted of commission of offence under Section 498- A/34 of IPC by judgment dated 20.05.2019 by Judicial Magistrate First Class, Shahdol. Against that order an appeal was preferred before the Court of Sessions. Learned Third Additional Sessions Judge, Shahdol by appellate judgment dated 05.11.2022 dismissed the appeal filed by the State and affirmed the judgment of acquittal passed by Judicial Magistrate First Class, Shahdol.

3. I have gone through the findings recorded by Courts below in the judgments. There are concurrent findings of the fact that prosecution has not been successful to prove its case beyond reasonable doubt. Both the Courts

below have assigned sufficient reasons for not relying the evidence of the complainant Abhilasha Dwivedi and other prosecution witnesses. Findings recorded by the appellate Court as well as by lower Court, prima-facie appears to be reasonable and in accordance with law.

4. Therefore, this Court finds no reason to interfere in the well merited impugned judgments recorded by the Third Additional Sessions Judge and learned JMFC. Therefore, I.A. No.11848/2023 for condonation of delay as well as revision does not appear worth admitting. Consequently, this revision being time barred and devoid of merit is dismissed.

(DINESH KUMAR PALIWAL) JUDGE RC

Signature Not Verified Signed by: RASHMI TIKARAM CHIKANE Signing time: 6/15/2023 11:09:56 AM