Court No. - 34
Case :- CRIMINAL REVISION No. - 217 of 1990 Revisionist :- Man Singh Opposite Party :- State Of U.P.
Counsel for Revisionist :- R.B. Sahai,Raj Narain Counsel for Opposite Party :- A.G.A.
Hon'ble Sudhir Agarwal,J.
1. Heard Sri Raj Narain, Advocate, for revisionist and learned A.G.A. for State.
2. This criminal revision under Section 401 read with Section 397 Cr.P.C. has been filed aggrieved by judgment and order dated 04.10.1989 passed by Special Judicial Magistrate, Fatehpur in Case No. 239 of 1987 convicting revisionist under Sections 7/16 of Prevention of Food Adulteration Act and sentencing him to undergo six months rigorous imprisonment and fine of Rs. 1000/-. Thereagainst accused-revisionist preferred appeal which has been dismissed by Additional Sessions Judge, Fatehpur vide judgment and order dated 06.02.1990. This revision has been filed challenging both the aforesaid orders.
3. Counsel for the revisionist at the very outset stated that he is not assailing judgment of the Courts below on merits, but is seeking mercy stating that revisionist is now 62 years of age and, hence punishment may be reduced to the period already undergone. However, I find that minimum punishment prescribed under Statute has been awarded and when a Stature prescribes minimum punishment, the same cannot be reduced. Hence, no interference is called for.
4. Dismissed.
5. The revisionist Man Singh is on bail. His bail bonds and surety bonds are cancelled. The Chief Judicial Magistrate, Fatehpur shall cause him to be arrested and lodged in jail to serve out sentence passed against him. The compliance shall be reported within two months.
6. Certify this judgment to the lower Court immediately.
Order Date :- 31.7.2019 PS