Citation : 2023 Latest Caselaw 9633 MP
Judgement Date : 26 June, 2023
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. 263 of 2011
BETWEEN:-
AMRITPAL S/O RAMCHARAN LAL GAUR, AGED ABOUT
41 YEARS, R/O BHANU CEL COM. SHASTRI CHAURAHA,
LASHKAR ROAD BHIND (MADHYA PRADESH)
.....PETITIONER
(NONE FOR THE PETITIONER )
AND
STATE OF M.P. TH:P.S.CITY KOTWALI BHIND DISTT.
BHIND (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 petitioner against the judgment dated 16.3.2011 passed by the 4th Additional Sessions Judge, Distt. Bhind in Criminal Appeal No.283/2010 whereby appeal of the petitioner has been party allowed and his conviction under Section 406 of IPC has been set aside while affirming his conviction under Section 420 of IPC with sentence of 2 years RI with fine of Rs.500/- as has been given by JMFC, Bhind, in Criminal Case No.941/2008 vide judgment Signature Not Verified dated 10.11.2010.
Signed by: MADHU SOODAN PRASAD Signing time: 27-06-2023 10:22:42 AM This revision is pending since 2011. Today no body appears for the
petitioner.
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
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