Dismissed

Hridya Nath Pandey v. State of U.P. and Others

Allahabad HC15 Jul 2019CRLRD/275/2001

Case brief

AI extract

What is this about?

In a criminal revision challenging an acquittal, the single judge held that the revisional court cannot act as a court of appeal or reappreciate evidence. Relying on Supreme Court precedents, the court found that the revision lacked merit as there was no manifest illegality or gross miscarriage of justice, and dismissed the petition.

What did the court decide?

The criminal revision petition was dismissed with the certificate allowed to be sent to the lower court.

Hridya Nath Pandey Vs State of U.P. and Others — Criminal Trial and Appeal | Allahabad HC (2019)

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Court No. - 28

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Case :- CRIMINAL REVISION DEFECTIVE No. - 275 of 2001

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Revisionist :- Hridya Nath Pandey Opposite Party :- State Of U.P. And Others Counsel for Revisionist :- Ravindra Nath Rai Counsel for Opposite Party :- Govt. Advocate

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Hon'ble Rajeev Misra,J.

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In Re: Civil Misc. Delay Condonation Application No. of 2001

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Cause shown is sufficient.

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Delay condonation application is allowed.

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Order Date :- 15.7.2019 HSM

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Court No. - 28

Case :- CRIMINAL REVISION DEFECTIVE No. - 275 of 2001

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Revisionist :- Hridya Nath Pandey Opposite Party :- State Of U.P. And Others Counsel for Revisionist :- Ravindra Nath Rai Counsel for Opposite Party :- Govt. Advocate

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Hon'ble Rajeev Misra,J.

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Case called out in the revised list. Mr. Ashok Kumar Rai is present for the revisionist and the learned A.G.A. who represents the opposite party No. 1 is also present. No one appears on behalf of the opposite party Nos. 2, 3 and 4.

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This criminal revision has been filed challenging the judgement and order dated 28.3.2001 passed by the XIth Additional District and Sessions Judge, Varanasi in S.T. No. 141 of 1995, under section 302 read with 34 I.P.C., whereby the accused respondent Nos. 2, 3 and 4 have been acquitted of the charges alleged against them.

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I have gone through the impugned judgement.

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Learned counsel for the revisionist contended that Court below has not properly appreciated the evidence. He tried to take this Court to the judgment of Court below and made his endeavor to show that the view taken by Court below in appreciating evidence is not correct.

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However, I find difficult to accept the above submission for the reason that in revisional jurisdiction this Court cannot sit in appeal and re-appreciate evidence.

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The judicial review in exercise of revisional jurisdiction is not like an appeal. It is a supervisory jurisdiction which is exercised by the Court to correct the manifest error in the orders of subordinate courts but should not be exercised in a manner so as to turn the Revisional court in a Court of Appeal. The

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legislature has differently made provisions for appeal and revision and the distinction of two jurisdictions has to be maintained.

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Construing old Section 439 of Criminal Procedure Code, 1898, pertaining to revisional jurisdiction, the Court in D. Stephens Vs. Nosibolla, AIR 1951 SC 196 said that revisional jurisdiction under Section 439 of the Code ought not to be exercised lightly particularly when it is invoked by private complainant against an order of acquittal which could have been appealed against by the Government under Section 417. It could be exercised only in exceptional cases where the interests of public justice require interference for the correction of a manifest illegality, or the prevention of a gross miscarriage of justice. In other words, the revisional jurisdiction of the High Court cannot be invoked merely because the lower court has taken a wrong view of law or misappreciated the evidence on record.

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In K. Chinnaswamy Reddy Vs. State of Andhra Pradesh, AIR 1962 SC 1788 it was held that revisional jurisdiction should be exercised by the High Court in exceptional cases only when there is some glaring defect in the procedure or a manifest error on a point of law resulting in flagrant miscarriage of justice. However, this was also a case in which revisional jurisdiction was invoked against an order of acquittal. If the Court lacks jurisdiction or has excluded evidence which was admissible or relied on inadmissible evidence or material evidence has been overlooked etc., then only this Court would be justified in exercising revisional power and not otherwise.

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The above view has been reiterated in Mahendra Pratap Singh Vs. Sarju Singh, AIR 1968 SC 707; Khetrabasi Samal Vs. State of Orissa, AIR 1970 SC 272; Satyendra Nath Dutta and another Vs. Ram Narain, AIR 1975 SC 580; Jagannath Choudhary and others Vs. Ramayan Singh and another, 2002(5) SCC 659; and, Johar and others Vs. Mandal Prasad and another, 2008 Cr.L.J. 1627 (S.C.).

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In Duli Chand Vs. Delhi Administration, 1975(4) SCC 649 the Court reminded that jurisdiction of High Court in criminal revision is severely restricted and it cannot embark upon a re-appreciation of evidence. While exercising supervisory jurisdiction in revision the Court would be justified in refusing to re-appreciate evidence for determining whether the concurrent findings of fact reached by learned Magistrate and Sessions Judge was correct.

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In Pathumma and another Vs. Muhammad, 1986(2) SCC

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585 reiterating the above view the Court said that in revisional jurisdiction the High Court would not be justified in substituting its own view for that of a Magistrate on a question of fact.

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In Munna Devi Vs. State of Rajasthan and another, 2001(9) SCC 631 the Court said:

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"The revision power under the Code of Criminal procedure cannot be exercised in a routine and casual manner. While exercising such powers the High Court has no authority to appreciate the evidence in the manner as the trial and the appellate courts are required to do. Revisional powers could be exercised only when it is shown that there is a legal bar against the continuance of the criminal proceedings or the framing of charge or the facts as stated in the First Information Report even if they are taken at the face value and accepted in their entirety do not constitute the offence for which the accused has been charged."

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In Ram Briksh Singh and others Vs. Ambika Yadav and another, 2004(7) SCC 665, in a matter again arising from the judgment of acquittal, the revisional power of High Court was examined and the Court said:

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"4. Sections 397 to 401 of the Code are group of sections conferring higher and superior courts a sort of supervisory jurisdiction. These powers are required to be exercised sparingly. Though the jurisdiction under Section 401 cannot be invoked to only correct wrong appreciation of evidence and the High Court is not required to act as a court of appeal but at the same time, it is the duty of the court to correct manifest illegality resulting in gross miscarriage of justice."

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In absence of anything to show as to what evidence has not been examined or the finding of fact recorded by Court below is perverse or contrary to material on record, no interference is called for.

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In view of above, revision lacks merit. Dismissed.

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Certify this judgment to the lower court immediately.

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Order Date :- 15.7.2019

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HSM

Hridya Nath Pandey v. State of U.P. and Others

Case brief

What is this about?

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Hridya Nath Pandey v. State of U.P. and Others

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