Court No. - 55
Case :- CRIMINAL REVISION No. - 718 of 1999 Revisionist :- Mithilesh Kumar Dwivedi Opposite Party :- State of U.P. and Others Counsel for Revisionist :- L.M. Singh Counsel for Opposite Party :- Govt. Advocate,R. Sharma,Viresh Mishra
Hon'ble Pradeep Kumar Srivastava,J.
No one is present on behalf of the revisionist even in revised list. Sri Viresh Mishra, Senior Advocate, appearing for opposite parties and Sri R.K. Kushwaha, learned A.G.A. for the State are present.
It appears from the record that when this revision was filed simply notices were issued to the opposite parties and direction was issued to summon the lower court record.
The learned counsel for the opposite parties has pointed out that against the impugned judgement a government appeal numbered Government Appeal No. 1890 of 1999 was filed against the opposite parties and by order of this Court dated 01.10.2001, leave to file appeal was refused. The said order is annexed as Annexure-8 to this revision.
Therefore, it has been submitted that this revision may be dismissed as the same has become infructuous.
This revision has been filed against the same judgment dated 23.3.1999 passed by IIIrd Additional Sessions Judge, Mainpuri in Sessions Trial No. 142 of 1994: State of U.P. Vs. Haridesh Kumar & others, under sections 302, 307 IPC, P.S. Karhal, District Mainpuri by which, opposite party nos. 2 to 5 have been acquitted from the aforesaid charge.
It is also pertinent to mention here that since the filing of this revision, none is appearing on behalf of the revisionist to press and pursue the same and, therefore, it has been submitted that this also shows that the revisionist has realized that the matter has been finally settled by that order in government appeal.
In view of above, finding the revision being infructuous, the revision is dismissed as such.
Order Date :- 29.11.2019 RCT/-