CRLR/315/2023
2023 Latest Caselaw 1327 UK

Citation : 2023 Latest Caselaw 1327 UK
Judgement Date : 15 May, 2023

Uttarakhand High Court

CRLR/315/2023 on 15 May, 2023

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                      COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  CRLR No.315 of 2023
                                  Hon'ble Pankaj Purohit, J.

Mr. Parikshit Saini, learned counsel holding brief of Mr. Mohd. Safdar, learned counsel for the revisionist.

2. Mrs. Manisha Rana Singh, learned A.G.A. along with Mrs. Shivali Joshi, learned Brief Holder for the State.

3. Heard learned counsel for the parties.

4. This is a Criminal Revision directed against the judgment and order dated 14.11.2019, passed by Judicial Magistrate 1st, Roorkee Haridwar in Criminal Case No.3901 of 2014, State vs. Pappan & others, whereby the revisionist was convicted under Section 411 IPC and sentenced two years rigorous imprisonment along with fine of Rs.5,000/- with default stipulation as well as the judgment and order dated 03.04.2023, passed by the 2nd Additional Sessions Judge, Haridwar in Criminal Appeal No.298 of 2019, Pappan & another vs. State, by which the judgment passed by the learned Judicial Magistrate has been affirmed.

5. It has been submitted by the counsel for the revisionist that the revisionist was charged by the police under Sections 379 & 411 IPC and under Section 4/10 of the U.P. Forest Conversation Act. Both the courts below have acquitted the revisionist of the charges under Section 379 IPC and Section

4/10 of the U.P. Forest Conversation Act, therefore, there is no question of convicting the revisionist under Section 411 IPC.

6. Admit the revision.

7. Let the LCR be summoned.

8. In the meantime, revisionist is released on bail on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the court concerned. The fine imposed upon the revisionist will also be suspended during the pendency of this revision.

9. List this matter on 24.07.2023.

10. Bail Application (IA No.1/2023) stands disposed of accordingly.

(Pankaj Purohit, J.) 15.05.2023 AK