Vikram Singh Tomar vs The State Of Madhya Pradesh
2023 Latest Caselaw 4564 MP

                                1
 IN    THE      HIGH COURT OF MADHYA PRADESH
                      AT GWALIOR
                         BEFORE
      HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                    ON THE 23 rd OF MARCH, 2023
               CRIMINAL REVISION No. 1096 of 2023

BETWEEN:-
VIKRAM SINGH TOMAR S/O SHRI BHAGWAT SINGH
TOMAR, AGED ABOUT 35 YEARS, OCCUPATION:
PRIVATE TEACHER, R/O ANNAPURNA COLONY WARD
NO.2, DISTRICT- GUNA (MADHYA PRADESH)

                                                           .....PETITIONER
(NONE PRESENT FOR THE PETITIONER)

AND
1.    THE STATE OF MADHYA PRADESH THROUGH ITS
      POLICE STATION- CANTT, DISTRICT- GUNA
      (MADHYA PRADESH)

2.    RAMESH KUSHWAH S/O SHRI RAM KISHAN
      KUSHWAH, R/O PATHAR MOHALLA, DISTRICT-
      GUNA (MADHYA PRADESH)

3.    PHOOL BAI KUSHWAH W/O SHRI RAM KISHAN
      KUSHWAH R/O PATHAR MOHALLA, DISTRICT-
      GUNA (MADHYA PRADESH)

4.    PINKI KUSHWAH D/O SHRI RAMESH KUSHWAH,
      R/O PATHAR MOHALLA DISTRICT- GUNA
      (MADHYA PRADESH)

5.    GOLU @ RAHUL KUSHWAH S/O SHRI RAMESH
      KUSHWAH R/O PATHAR MOHALLA DISTRICT-
      GUNA (MADHYA PRADESH)

                                                        .....RESPONDENTS
(NONE PRESENT FOR THE RESPONDENTS)

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

Advocates are abstaining from the Court work. Record as well as judgments of both the Courts below are perused. This criminal revision under Section 397/401 of Cr.P.C. has been filed against the order dated 08/02/2023 passed by Sessions Judge, Guna, District- Guna (M.P.) in Criminal Appeal No.147/2019 affirming the order dated 12/07/2018 passed by Chief Judicial Magistrate, Guna, District- Guna (M.P.) in Case No.723/2018, whereby respondents No.2 to 5 have been acquitted from the charges under Sections 294, 323 read with 34, 427 and 506 Part-II of IPC.

After perusing the records as well as going through the impugned judgments passed by the learned trial Court as well as Appellate Court, this

Court does not find any illegality committed by the Courts below in passing the judgments.

Apart from it, 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.

Accordingly, this criminal revision stands dismissed.

(DEEPAK KUMAR AGARWAL) JUDGE rahul RAHUL SINGH Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d0cde4dee473f

PARIHAR e77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D487, serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD4AB9D159B55 575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.03.24 18:32:54 +05'30'