In Criminal Revision No. 989 of 2018, the Hon'ble Allahabad High Court dismissed the revision petition of Mohan Lal challenging the conviction under Sections 323 and 506 IPC, noting the lack of merit and absence of the petitioner.
Revision dismissed; petitioner directed to face summons for non-compliance of probation bonds.
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Court No. - 53
Case :- CRIMINAL REVISION No. - 989 of 2018
Revisionist :- Mohan Lal Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Vijay Bahadur Yadav Counsel for Opposite Party :- G.A.,Mohd. Irfan
Hon'ble Umesh Chandra Sharma,J.
None appears for the revisionist even in the revised call.
The revisionist was convicted under Sections 324 and 506 IPC and later on he was released on probation. The revisionist had challenged the order of conviction and sentencing passed by the ACJM, Rampur. Later on the impugned order of conviction was challenged by the revisionist through Criminal Appeal No.34 of 2017 which had also been dismissed on 27.02.2018 by the Sessions Judge, Rampur.
From the order sheet it transpires that on the date of institution of the case on 02.04.2018 the impugned order was suspended only for four months.
A Vakalatnama had been filed on behalf of opposite party no.2 but today neither the counsel for the revisionist nor the counsel for opposite party no.2, informant are present except the learned AGA.
Eye-witnesses have supported the prosecution version and the applicant accused had been recognized by them. There is also medical evidence in support of the prosecution version. Detailed orders have been passed by both the courts below. The revisionist was not found guilty under Section 324 IPC and was only convicted under Section 323 and 506 IPC though there are injuries of contusion and cut wound on the person of the victim but State had not preferred any appeal against the acquittal of the revisionist with regard to Section 324 IPC. After passing of the stay order, two years time has been passed which was determined by the courts below regarding execution of bonds in respect of probation.
On the basis of above, this Court is of the view that the revision lacks merit and is liable to be dismissed in absence of the revisionist and also on merit.
Accordingly, the revision is dismissed.
A copy of this order be sent to the concerned ACJM for compliance. If the revisionist has not executed bond in respect of good conduct/probation for two years, he would summon the revisionist for compliance in this regard.
Order Date :- 4.4.2023 Shahroz
Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad
1 issue framed by the court
Whether the revision petition filed by the convicted accused has merit.
Mohan Lal
State of U.P.
Umesh Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
