CRLR/61/2023
2023 Latest Caselaw 332 UK

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                                      CRLR No.61 of 2023
                                      Hon'ble Sharad Kumar Sharma, J.

Mr. Birendra Singh Adhikari, Advocate for the revisionists.

Mr. Lalit Miglani, Brief Holder for the State of Uttarakhand.

Though the learned trial court had initially taken cognizance for the offence under Sections 323, 504 and 506 of IPC, but however later on the present revisionist, at the time of rendering of the judgment dated 13.01.2023 in Criminal Appeal No.24 of 2022, as well as that of the judgment dated 09.09.2022 in Criminal Appeal No.219 of 2021 has been convicted under Section 353 of IPC and thereby he has been directed to undergo six months simple imprisonment and a fine of Rs.10,000/- has been imposed upon him.

The argument of the counsel for the revisionist is that the conviction for the offence under 353 of IPC would be bad because no charge was framed initially by the trial court.

In response to it, learned Government Advocate argues, that the trial court would have a power under Section 222 of Cr.P.C. to convict the revisionist, even without framing of the charge for an offence, which is miner in nature to the offences for which the charges have already been framed.

Admit the revision.

Summon the lower court record.

List as soon as the records of the court below is received.

Registry is directed to prepare the paper book and supply the same to the counsel for the revisionist on payment of the usual charges.

Considering the nature of offence and the sentence, which has been imposed upon the revisionist, the revisionist is directed to be released on bail subject to furnishing of his personal bond and two sureties of the like amount to the satisfaction of the Magistrate concerned.

However the release of the revisionist would be subject to depositing of the penalty amount as imposed by the impugned judgment, if not already deposited.

Bail Appl. No.02 of 2023 as well as Urgency Appl. No.01 of 2023 would stand disposed of accordingly.

(Sharad Kumar Sharma, J.) Vacation Judge 30.01.2023 Arti