Smt.Manjesh Rathore vs Jagdish Rathore
2023 Latest Caselaw 4572 MP

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                           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. 919 of 2014

                          BETWEEN:-
                          SMT.MANJESH RATHORE W/O SHRI BHOORE
                          RATHORE,   AGED   ABOUT 24  YEARS, MAJOR
                          COLONY,GADAIPURA,BIRLA   NAGAR,DISTT.GWL.
                          (MADHYA PRADESH)

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

                          AND
                          1.    JAGDISH RATHORE S/O RAMCHARAN RATHORE,
                                AGED      ABOUT      56   YEARS, MAJOR
                                COLONY,GADAIPURA,BIRLA NAGAR,DISTT.GWL.
                                (MADHYA PRADESH)

                          2.    BHOORE SINGH @ SHRIKRISHAN S/O SHRI
                                JAGDISH RATHORE, AGED ABOUT 27 YEARS,
                                MAJOR COLONY, GADAIPURA, BIRLA NAGAR
                                (MADHYA PRADESH)

                          3.    SMT. RAJKUMARI W/O SHRI JAGDISH RATHORE,
                                AGED ABOUT 50 YEARS, MAJOR COLONY,
                                GADAIPURA, BIRLA NAGAR (MADHYA PRADESH)

                          4.    SIROMAN RATHORE S/O SHRI RAMCHARAN
                                RATHORE, AGED ABOUT 46 YEARS, MAJOR
                                COLONY,GADAIPURA,BIRLA NAGAR,DISTT.GWL.
                                (MADHYA PRADESH)

                          5.    STATE OF MADHYA PRADESH POLICE STATION
                                GWALIOR GWALIOR (MADHYA PRADESH)

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

                                Th is revision coming on for hearing this day, th e court passed the

Signature Not Verified
Signed by: YOGENDRA
OJHA
Signing time: 3/23/2023
7:22:11 PM
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                          following:
                                                              ORDER

Lawyers are abstaining from the court work. Record as well as judgments of both the courts below are perused. This criminal revision has been filed by the petitioner aggrieved by the judgment dated 15.09.2014 passed in Cr.A. No.51/2013 by 14th Upper Sessions Judge, Gwalior by which criminal appeal preferred by the petitioner against the judgment dated 19.12.2012 passed by JMFC Gwalior in Criminal Case No.6942/Gwalior/2011 has been dismissed.

Having perused the record and gone through the impugned judgments passed by the learned trial Court as well as Appellate Court, this Court is of the

considered opinion that no illegality has been committed by the learned courts below in passing the impugned judgments.

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, present criminal revision stands dismissed.

(DEEPAK KUMAR AGARWAL) JUDGE ojha

Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 3/23/2023 7:22:11 PM