Niranjan vs State (2024:Rj-Jd:37864)
2024 Latest Caselaw 7984 Raj

Rajasthan High Court - Jodhpur

Niranjan vs State (2024:Rj-Jd:37864) on 11 September, 2024

Author: Birendra Kumar

Bench: Birendra Kumar

[2024:RJ-JD:37864]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
            S.B. Criminal Revision Petition No. 1060/2005

Niranjan S/o Shri Rati, R/o Tamtiya, Police Station, Sadar,
District Banswara.
                                                                     ----Petitioner
                                    Versus
The State of Rajasthan.
                                                                   ----Respondent


For Petitioner(s)          :    Mr. Rajeev Bishnoi.
For Respondent(s)          :    Mr. Prem Singh Panwar, PP.



            HON'BLE MR. JUSTICE BIRENDRA KUMAR

Order

11/09/2024

1. Heard the parties.

2. This criminal revision is against judgment of conviction dated

15.12.2000 passed by the learned Chief Judicial Magistrate,

Banswara in Criminal Regular Case No.496/1991, whereby the

petitioner was convicted for offences under Section 7/16 of the

Prevention of Food Adulteration Act and sentenced to 6 months'

rigorous imprisonment alongwith fine of Rs.1,000/- and in default

of payment of fine, to further undergo 3 month's simple

imprisonment.

3. The conviction was challenged before the Learned Additional

Sessions Judge, Banswara in Criminal Appeal No.30/2004, which

was dismissed vide judgment dated 2.12.2005.

4. Learned counsel for the petitioner does not want to press

this criminal revision petition on merit, however, submits that the

[2024:RJ-JD:37864] (2 of 2) [CRLR-1060/2005]

petitioner has already undergone the trauma of criminal

prosecution.

5. Since no previous conviction is proved against the petitioner

and the Courts below have not assigned any special reason as

required under Section 361 Cr.P.C. for not allowing the benefit of

the Probation of Offenders Act to the petitioner. For substantial

justice, the sentence awarded against the petitioner is reduced to

the period already undergone.

6. With the aforesaid reduction of sentence, this criminal

revision petition stands disposed of.

(BIRENDRA KUMAR),J 11-sumer/-

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