Court No. - 17
Case :- CRIMINAL REVISION No. - 990 of 2001 Revisionist :- State Of U.P.
Opposite Party :- Pramod And Ors..
Counsel for Revisionist :- R.P. Dubey Counsel for Opposite Party :- A.G.A.,Sushil Kumar Pandey.
Hon'ble Suresh Kumar Gupta,J.
This revision has been filed against the judgment and order dated 24.11.2000 passed by the XIIth Additional District and Sessions Judge, Muzaffar Nagar in S.T. No. 120 of 2000 under Sections 272, 273, 420 I.P.C., Police Station- Shamli, District- Muzaffar Nagar.
Heard learned A.G.A. and Sri Sushil Kumar Pandey, learned counsel for the opposite party nos. 1 to 6.
Learned A.G.A. for the State-revisionist has stated that at the time of search of premises of revisionist seized khoa was found spurious. It is also contended at the time of arrest of the accused material of the spurious 'khoa' such as Dalda Ghee, Powder and other items of preparation was seized by police party and so it is evident clear that the seized 'khoa' was adulterated and learned Magistrate without any basis discharge the opposite party.
After perusal of the record and evidence available on record it has been found that learned court below in absence of sample and in absence of the report of the public analyst and in absence of reliable public witness discharge the revisionist due to non availability of any evidence against the revisionist. There is no illegality and irregularity in the order of the trial court (Sessions Court) and therefore, court below rightly exercised their jurisdiction to discharge the accused-revisionist against the charge levelled as aforesaid. Thus, no interference is required by this Court and the learned court below has rightly discharged the accused-revisionist and therefore, this revision is devoid of merit and is liable to be dismissed.
The revision is, accordingly, dismissed..
Order Date :- 28.2.2019 A. Pt. Singh