Court No. - 54
Case :- CRIMINAL REVISION No. - 270 of 1994 Revisionist :- Sunil Kumar & Others Opposite Party :- State Of U.P. Counsel for Revisionist :- Bramh Singh Counsel for Opposite Party :- A.G.A.
Hon'ble Jayant Banerji,J.
List has been revised. No one appears for the revisionists. Learned A.G.A. is present.
This criminal revision has been filed against the order dated 8.9.1993, passed by the IV Addl. Chief Judicial Magistrate, Moradabad in Criminal Case No. 500 of 1992, Police Station Civil Lines, (State Vs. Sunil Kumar and others) as well as against the judgement and order dated 22.11.1993 passed by the Sessions Judge, Moradabad in Criminal Appeal No. 79 of 1993.
A perusal of the record reveals that the appeal that was filed by the revisionists was dismissed. The trial court convicted and sentenced the revisionists to pay a fine of Rs. 2000/ each under Section 324 read with Section 34 IPC and on failure to make the said payment, each of the revisionists were required to serve one month rigorous incarceration. However, in the appeal, the fine that was imposed by the trial court was reduced and the revisionists were directed to pay sum of Rs. 1000/ each. The order of the appellate court is dated 22.11.1993. When this revision was admitted on 16.2.1994, this Court had suspended the execution of sentence against the applicant-revisionist no.1 Sunil Kumar only.
A perusal of the record further reveals that bailable warrants were issued against the revisionists through the concerned Magistrate by the order of the Court dated 3.11.2017. The bailable warrants so issued was executed as is reflected in the office report dated 23.8.2018. The report of CJM Moradabad dated 21.11.2017 sent in response to the bailable warrants issued by the Court reveals that the revisionists Sunil Kumar, Suresh and Ganeshi Lal were searched and enquiry was made in which it was revealed that they have sold off their houses more than 20 years ago and moved away and that their present address is unknown. The residents of the Mohalla also informed that Sunil Kumar and Ganeshi Lal had reportedly died.
In view of the aforesaid facts and circumstances, it appears that this revision has been rendered infructous and in view of the fact that the execution of sentence against the revisionist Sunil Kumar was suspended by this Court as an interim measure who is reported to have died, this criminal revision is, accordingly, dismissed.
Order Date :- 25.8.2018 sfa/ (Jayant Banerji, J)