The High Court dismissed a criminal revision filed against an acquittal order. No appearance was made by the revisionist. The Court found no illegality or infirmity in the lower court's judgment and noted the revisionist's loss of interest due to delay, leading to dismissal.
The criminal revision application (No. 127 of 2001) was dismissed.
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Court No. - 93
Case :- CRIMINAL REVISION No. - 127 of 2001 Revisionist :- Smt. Sharda Devi Opposite Party :- State of U.P. and Others Counsel for Revisionist :- Sanjai Srivastava Counsel for Opposite Party :- Govt. Advocate
Hon'ble Shamim Ahmed,J.
List has been revised.
None has appeared on behalf of the revisionist to press this revision.
Sri Vinay Prakash Shahu, learned A.G.A. is present.
This revision has been filed against the judgment and order dated 19.10.2000 passed by Special Judicial Magistrate, Ghazipur in summoning trial No. 1128/99 State Versus Rama and others under Sections 427, 504, 323 I.P.C. in which learned trial court had acquitted the opposite party nos. 2 to 4.
Learned A.G.A. submits that the present revision is of the year, 2001 and it appears that due to efflux of time the revisionist and his counsel have lost interest to pursue this matter, and there appears no illegality or infirmity in the impugned judgment and order passed by the court below, therefore, the present revision may be dismissed.
I have gone through the judgment and order passed by the court below and also perused the record. I have also considered the arguments advanced by the learned A.G.A.. Further no one appeared on behalf of revisionist to assist the Court pointing out any illegality or infirmity in the judgment and order passed by the court below.
In view of the above, after having gone through the judgment and order under challenge, this Court comes to the conclusion that the same need no interference as there is no illegality or infirmity in the judgment and order under challenge, and further there appears force in the argument of the learned A.G.A. that due to efflux of time the revisionist and his counsel have lost interest in pursuing the matter, therefore, the present revision is liable to be dismissed.
Accordingly, the present revision is dismissed.
Let a copy of this order be sent to the concerned District and Sessions Judge for its onwards transmission to the concerned Magistrate for compliance who will proceed further in the matter.
The file is consigned to record.
Let the lower Court record, if any, be returned back to the concerned Court.
Order Date :- 23.3.2022 Arvind
Digitally signed by ARVIND KUMAR SRIVASTAVA Date: 2022.03.25 10:23:39 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether a criminal revision is maintainable despite the efflux of time and lack of appearance by the revisionist.
Smt. Sharda Devi
State of U.P.
Shamim Ahmed
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
