Rajesh vs State Of M.P.
2023 Latest Caselaw 9629 MP

                                                      1
                 IN         THE      HIGH COURT OF MADHYA PRADESH
                                           AT GWALIOR
                                              BEFORE
                           HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                           ON THE 26 th OF JUNE, 2023
                                     CRIMINAL REVISION No. 254 of 2011

               BETWEEN:-
               1.          RAJESH S/O PYARELAL KUSHWAH, AGED ABOUT
                           32   YEARS, OCCUPATION: MAJDOORI R/O
                           JAGNAPURA GHASMANDI, GWALIOR (MADHYA
                           PRADESH)

               2.          SONU S/O PYARELAL, AGED ABOUT 30 YEARS, R/O
                           JAGANAPURA, GHASMANDI, GWALIOR (MADHYA
                           PRADESH)

                                                                                .....PETITIONERS
               (NONE FOR THE PETITIONERS )

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




                                                                                .....RESPONDENT
               (BY SHRI NITIN GOYAL- PUBLIC PROSECUTOR FOR THE 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 the petitioners against the judgment dated 8.3.2011 passed by the 4th Additional Sessions Judge, Distt. Gwalior, in Criminal Appeal No.75/2011

Signature Notwhereby Verified appeal of the petitioners has been party allowed and instead of Signed by: MADHU SOODAN PRASAD sentence of 4 months RI and fine of Rs.200/- as has been given by JMFC, Signing time: 27-06-2023 10:22:42 AM

Gwalior, in Criminal Case No.14823/2008 vide judgment dated 18.1.2011, they have been sentenced till rising of the Court with fine of Rs.5000/- each under Section 325/34 of IPC.

This revision is pending since 2011. Today no body appears for the petitioners.

Perused the record.

On going through the evidence, in the considered opinion of this Court, there is no illegality in the impugned order warranting any interference.

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 ms/-

Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 27-06-2023 10:22:42 AM