Court No. - 1
Case :- CRIMINAL REVISION No. - 878 of 2018 Revisionist :- Bheekam Singh @ Bhikambar Singh And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Pankaj Sharma Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Pankaj Sharma, learned counsel for the revisionists and Sri I.P. Srivastava, learned A.G.A for the State and perused the record.
This revision has been filed with the prayer for quashing the judgment and order dated 18.12.2017 passed by Sessions Judge, Aligarh in Criminal Appeal No.221 of 2016 as well as order dated 19.9.2016 passed by Addl. Chief Judicial Magistrate, Court No.6, Aligarh in complaint case no.1 of 2011 u/s 70 Canal Act, P.S. Vijaygarh, district Aligarh.
Learned counsel for the revisionists states that the complainant has not proved that the revisionists have broken the drain in dispute. The court below has overlooked the documentary evidence produced by the revisionist. The court below passed the sentence against the revisionists only on the basis of presumption which is not permissible in the eyes of law.
Learned AGA opposed the prayer for quashing of the impugned judgment and order passed by the court below.
After having heard the learned counsel for the parties present and perused the impugned judgment and orders passed by the court below as well as the material brought on record, I am of the view that the impugned orders are based upon relevant considerations and supported by cogent reasons, the same do not suffer from any irregularity, illegality or jurisdictional error, hence no interference is required by this Court. The prayer for quashing the impugned orders is refused.
This revision lacks merits and is accordingly dismissed.
Order Date :- 28.3.2018 Gaurav