Laxman Singh vs State Of Uttarakhand
2023 Latest Caselaw 3459 UK

    IN THE HIGH COURT OF UTTARAKHAND
               AT NAINITAL
          THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                  20th NOVEMBER, 2023

           CRIMINAL REVISION NO. 698 of 2022


Laxman Singh                                  .....Revisionist

                         Versus

State of Uttarakhand                        .....Respondent


Counsel for the Revisionist   :       Mr. Piyush Sammal,
                                      Advocate holding brief
                                      of Mr. R.S. Sammal,
                                      Advocate.
Counsel for the                   :   Mr. Pratiroop Pande,
Respondent                            A.G.A. assisted by
                                      Mr. Rakesh Negi, Brief
                                      Holder.


Hon'ble Alok Kumar Verma,J.

Revisionist-Laxman Singh was convicted and

sentenced to undergo rigorous imprisonment for a period

of three months along with a fine of Rs. 1,000/- under

Section 279 of the Indian Penal Code, 1860 (in short,

"IPC"), he was convicted and sentenced to undergo

rigorous imprisonment for a period of one year along with

a fine of Rs.5,000/- under Section 304 A IPC. He was

convicted for the offence under Section 337 IPC and was

sentenced to undergo rigorous imprisonment for a period

of six months along with a fine of Rs.5,00/-, and, he was

further convicted and sentenced to undergo rigorous

imprisonment for a period of six months along with a fine

of Rs.1,000/- under Section 427 IPC. All the sentences

were directed to run concurrently.

2. Against the said judgment dated 25.11.2019,

passed by learned Judicial Magistrate/Civil Judge (Junior

Division), Ramnagar, District Nainital in Criminal Case

No.243 of 2018, a Criminal Appeal (No.169 of 2019) was

filed. The said Appeal has been dismissed vide judgment

dated 31.10.2022, passed by learned Ist Additional

Sessions Judge, Haldwani, District Nainital.

3. The coordinate Bench passed the order on

16.02.2023, "Admit the revision to the extent of

examining on the quantum of sentence imposed".

4. Mr. Piyush Sammal, Advocate, submitted that

the revisionist has served his entire sentence and has also

deposited the fine. Therefore, the revisionist does not

want to press the present Criminal Revision.

5. Having heard the learned counsel for the

parties, this Court is of the view that there is no good

ground to interfere with the sentences, imposed by

learned Trial Court. There is no material on the record to

show that the learned Courts below did not apply its

judicial mind or have exercised jurisdiction not vested in it

by law, or have failed to exercise a jurisdiction so vested,

or have acted in the exercise of its jurisdiction illegally or

with material irregularities. Therefore, the Criminal

Revision (No.698 of 2022) is liable to be rejected; the

same is rejected.

___________________ ALOK KUMAR VERMA, J.

Dt: 20.11.2023 Neha