Court No. - 34
Case :- CRIMINAL REVISION No. - 547 of 1995 Revisionist :- Sewa Lal Opposite Party :- State Of U.P.
Counsel for Revisionist :- R.B.Sahai Counsel for Opposite Party :-Govt. Advocate
Hon'ble Sudhir Agarwal,J.
1. Sri R. B. Sahai, Advocate states that he has no instructions in the matter. No other counsel has appeared on behalf of Revisionist to press this revision despite having been called in revise. Learned A.G.A. is present on behalf of State. In the circumstances, I myself have perused the record.
2. This criminal revision under Section 397/401 Cr.P.C., has been filed aggrieved by the judgments and orders dated 24.08.1994 and 23.01.1995. Sri R.
C. Nigam, I Additional Chief Judicial Magistrate, Allahabad vide judgment and order dated 24.08.1994 passed in Case No.3337 of 1994 convicted and sentenced accused-Revisionist to undergo six months rigorous imprisonment for offence under Section 7/16 of Prevention of Food Adulteration Act, 1954 with fine Rs.1000/- and in default in payment of fine, further to undergo one and half month imprisonment. Thereagainst, Revisionist preferred Criminal Appeal No.55 of 1994 before Court of Ist Additional Sessions Judge, Allahabad (hereinafter referred to as “Appellate Court”) and Appellate Court although allowed the appeal vide its judgment and order dated 23.01.1995 but it has remanded the case back to lower Court to record evidence of DW-1 afresh in accordance with provisions of law and thereafter decide the same afresh after hearing both the parties. Being aggrieved, the Revisionist preferred present revision.
3. Having gone through the record, I do not find any manifest error or otherwise illegality, procedural or otherwise, so as to justify interference in criminal revision.
4. Dismissed. Interim order, if any, stands vacated.
5. The accused-Revisionist, Sewa Lal is on bail. His bail bonds and surety bonds are cancelled. The Chief Judicial Magistrate concerned shall cause him to be arrested and lodged in jail to serve out the sentence passed against him. The compliance shall be prepared within two months.
6. Certify this judgment to the lower Court immediately.
Order Date :- 22.8.2019 Manish Himwan