Court No. - 41
Case :- CRIMINAL REVISION No. - 1360 of 1997 Revisionist :- Kailash Nath Chaubey Opposite Party :- State Of U.P.And Another Counsel for Revisionist :- Vinod Prasad Counsel for Opposite Party :- A.G.A.,S.N.Singh
Hon'ble Mrs. Sunita Agarwal,J.
Office report indicates that the service report of notice issued to the revisionist has not been received so far. The then counsel for the revisionist has been elevated to the Bench of this Court and had retired.
The order impugned is the judgment and order dated 26.5.1995 passed by the VIIIth A.C.J.M., Varanasi in Criminal Case No. 1359 of 1993 (State vs. Kailash Nath Chaubey), under Sections 420, 468, 471 IPC, P.S. Sigra, District Varanasi. The judgment and order dated 14.10.1997 passed by the Ist Additional Sessions Judge, Varanasi in Criminal Appeal No. 52 of 1995 (Kailash Nath Chaubey vs. State of U.P. and another) is also subject matter of challenge.
The revision has been filed in the year 1997. It appears that the revisionist is not interested in the matter.
Moreover, by the order impugned the revisionist though was acquitted of the charges for offences under Sections 420/468 IPC but was found guilty under Section 471 IPC and instead of sending him to jail, the court had kept him under observation for a period of one year with the further condition that two sureties of Rs. 5,000/- shall be furnished by him. The appeal filed against the said order has been dismissed.
More than 22 years have been passed. There is nothing in the record or the counter affidavit that the revisionist had indulged in any criminal activities after the said decision.
Learned A.G.A. also could not produce any such material or raise any contention in this regard.
For the aforesaid, though this Court is of the view that there is no infirmity in the decision of the courts below but instead of making any comment on the merits, the revision is rendered infructuous.
Dismissed as such.
The Certify the judgment to the Court below immediately.
Order Date :- 26.11.2019 Brijesh