Bhakol v. Iiird A.D.S.J. And Others

Court No. - 34

Case :- CRIMINAL REVISION No. - 51 of 1996

Revisionist :- Bhakol Opposite Party :- Iiird A.D.S.J. And Others Counsel for Revisionist :- B.N.Singh Counsel for Opposite Party :- Govt. Advocate

Hon'ble Sudhir Agarwal,J.

1. Called in revise. None appeared to press this revision. In the circumstances, I

myself have perused the record.

2. This criminal revision under Section 397/401 Cr.P.C., has been filed

aggrieved by the judgments and orders dated 30.07.1987 and 12.10.1995. The

Judicial Magistrate, Deoria vide judgment and order dated 30.07.1987 convicted

accused-respondent 1 for offence under Section 218 IPC and sentenced him to

undergo six months simple imprisonment withf ine Rs.1000/- and convicted

accused-respondent 2 for offence under Section 218, 109 IPC and sentenced her

to undergo three months simple imprisonment with fine Rs.500/-. In default in

payment of fine, accused-respondents were further to undergo two months and

one months imprisonment respectively. Thereagainst, accused-respondents

preferred Criminal Appeal No.42 of 1987 before Court of IIIrd Additional

District and Sessions Judge, Deoria (hereinafter referred to as “Appellate

Court”) and Appellate Court while allowing the appeal vide judgment and order

dated 12.10.1995 has set aside the judgment and order of conviction and

sentence passed by Trial Court. Being aggrieved by said judgment and order,

revisionist has preferred this revision.

3. Having gone through the record, I do not find any manifest error or otherwise

illegality, procedural or otherwise, so as to justify interference in criminal

revision.

4. Dismissed. Interim order, if any, stands vacated.

5. Certify this judgment to the lower Court immediately.

Order Date :- 13.9.2019 Manish Himwan

Neutral Citation No. - 2019:AHC:153732