Dismissed

Suraj Pal Singh and Another v. Raghunandan Prasad and Others

Allahabad HC1 Dec 2018CRLR/566/1991

Case brief

AI extract

What is this about?

Criminal Revision Court dismissed revisions challenging orders passed under Section 145 Cr.P.C. The court held that alternative remedies were available to revisionists and that the appellate court lacks jurisdiction to re-appreciate evidence or substitute findings of fact in a revision under Sections 397 to 401 Cr.P.C.

What did the court decide?

The criminal revision was dismissed. Any interim order stands vacated.

Suraj Pal Singh and Another Vs Raghunandan… — Civil Procedure and Limitation | Allahabad HC (2018)

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Court No. - 50

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Case :- CRIMINAL REVISION No. - 566 of 1991

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Revisionist :- D.Singh Opposite Party :- M.Pathak Counsel for Revisionist :- H.C.Pathak,T.P.Singh Counsel for Opposite Party :- Vijai Singh,Asharth,Dr.Gyau Bakash

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Hon'ble Aniruddha Singh, J.

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None is present on behalf of revisionist even in the revised call.

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Learned A.G.A is present.

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The criminal revision is being decided on merit.

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Heard learned A.G.A and perused the record.

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This criminal revision has been preferred by revisionists - Suraj Pal Singh and Shyam Bahadur Singh against the respondents - Raghunandan Prasad, Roop Ram and Bisheshwar, challenging the the impugned order dated 16.01.1991 passed by 03^rd Additional Sessions Judge, Shahjahanpur, allowing the Criminal Revision No. 28/88, arising out of the judgment and orders dated 19.11.1987 and 18.02.1988, passed by the S.D.M. Tilhar, in the proceedings initiated under Section 145 Cr.P.C, whereby the revision was allowed and the file was remanded back to the S.D.M. concerned to decide the case as fresh under Section 145 Cr.P.C., in light of the observations made in the body of judgment.

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From perusal of the record, it transpired that revisionists have full opportunity to rise up the pleas before the Court of S.D.M concerned, because of alternative remedy is available to the revisionists. Hence this revision is liable to be dismissed.

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Moreover, the Apex Court in the case of State Farm Corporation of India Ltd. Vs. Nijjer Agro Foods Ltd., (2005) 12 SCC 502, State of Maharashtra Vs. Jag

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Mohan Singh Kuldip Singh, 2004 (50) ACC 889 (SC) and Munna Devi Vs. State of Rajasthan, AIR 2002 SC 107, has held that while the appellate jurisdiction is co-extensive with the original court's jurisdiction as a appreciation and re-appreciation of evidence is concerned, the revisional court has simply to confine to the legality and propriety of the findings and as to whether the subordinate court acted within it's jurisdiction. A revisional court has no jurisdiction to set aside the findings of facts recorded by the Magistrate and impose and substitute it's own findings. Sections 397 to 401 Cr.P.C. confer only limited power on revisional court to the extent of satisfying the legality, propriety or regularity of the proceedings or orders of the lower court and not to act like appellate court for other purposes including the recording of new findings of fact on fresh appraisal of evidence.

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This Court finds no illegality, impropriety, material irregularity or jurisdictional error in the impugned judgment & order. The present revision lacks merit and is liable to be dismissed.

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The revision is dismissed. Interim order, if any, stands vacated.

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Copy of this judgment alongwith original record of Court below be transmitted to the Court concerned for necessary compliance. Compliance report be submitted to this Court which shall be kept on record by the office.

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Order Date :- 01.12.2018. Vinod.

Suraj Pal Singh and Another v. Raghunandan Prasad and Others

Case brief

What is this about?

What did the court decide?

Suraj Pal Singh and Another v. Raghunandan Prasad and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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