Court No. - 17
Case :- CRIMINAL REVISION No. - 1432 of 2005 Revisionist :- Chatar Pal And 2 Others Opposite Party :- State Of U.P. And Others Counsel for Revisionist :- A.R. Gupta Counsel for Opposite Party :- Govt. Advocate
Hon'ble Suresh Kumar Gupta,J.
1. List has been revised. Revisionists or their learned counsel is not present while learned A.G.A. are present.
2. Heard learned A.G.A. and perused the material available on record.
3. This criminal revision has been preferred against the order dated 18.12.2004, passed by learned Civil Judge (JD), Etah in case no.107 of 2004, u/s 498A, 323, 504, 506 IPC and 3/4 D.P. Act, P.S. Sakeel, Etah.
4. In the case of Santosh vs. State of U.P. (2010) 3 SCC (Crl.) 307, it was held by Hon'ble Supreme Court that after admission of criminal revision, there is no procedure for dismissing the same in default and even if the revisionist is absent, the revision cannot be dismissed in default but it has to be decided on merit, so, this revision is decided according to its merit.
5. There is no illegality or impropriety in the impugned judgement and order. Finding is based on the appraisal of evidence on record. So, I do not find any reason to interfere in the impugned order. Consequently, revision is devoid of merit and is liable to be dismissed.
6. Revision is dismissed. Stay order, if any, is vacated.
7. A copy of this order be transmitted to the learned lower court for compliance within one month.
Order Date :- 28.2.2019 m.a.