The High Court held that a criminal revision filed to quash an order was infructuous because the trial court had already acquitted the revisionist in the same matter. The revision was dismissed accordingly.
The criminal revision was dismissed as infructuous due to the acquittal order of the court below.
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---------------------------C-ourt No. - 55
Case :- CRIMINAL REVISION No. - 1884 of 2016
Revisionist :- Shahbey Alam Opposite Party :- State Of U.P. & Another Counsel for Revisionist :- Anil Kumar Srivastava,Pradeep Kumar Singh Counsel for Opposite Party :- G.A.,Prabhas Pandey
Hon'ble Vivek Kumar Singh,J.
Supplementary affidavit filed on behalf of the revisionist is taken on record.
Heard Sri P.K.Singh,learned counsel for the revisionist, Sri Prabhas Pandey, learned counsel for opposite party no.2 and Sri S.S.Tiwarui, learned AGA appearing for the State.
This revision has been filed for quashing the impugned order dated 20.6.2016 passed by learned Addl. Sessions Judge/F.T.C., Varanasi in S.T.No.21 of 2016, State of U.P. Vs. Shahbey Alam and others, under sections 148, 149, 323, 326 I.P.C., P.S. Jaitpura, District Varanasi.
It has been contended by the learned counsel for the revisionist that during the trial the revisionist was acquitted of the charge by the court below. Copy of the order of acquittal dated 31.1.2017 has been annexed as annexure-1 to the supplementary affidavit filed by the revisionist dated 26.9.2018.
I have perused the order passed by the learned Addl. Sessions Judge/F.T.C., Varanasi in S.T.No.21 of 2016,
In view of the order of the acquittal passed by the court below this revision has become infructuous.
Accordingly the revision is dismissed as infrutuous.
Order Date :- 26.9.2018 IA
1 issue framed by the court
Whether the criminal revision should be allowed when the trial court has acquitted the revisionist of the charges.
1 provisions across 1 enactments
Shahbey Alam
State Of U.P.
Another
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
