SUO MOTU Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This suo motu criminal revision being registered on the basis of order passed by this Court dtd. 28/2/2005. The respondent-accused was convicted and sentenced for the offence punishable under Sec. 307 of the Indian Penal Code. He was tried by Himmatnagar Sessions Court and after conclusion of the trial, vide judgment and order dtd. 28/1/2005, the respondent- accused found guilty. He has challenged the judgment of conviction and sentence by filing criminal appeal being Criminal Appeal No.361 of 2005. While admitting the appeal, the Coordinate Bench of this Court on the issue of sentence, suo motu taken cognizance and issued notice to the accused as to why the sentence would not be enhanced.

(2.) Mr. R.N. Shah, learned counsel for Mr. Hiren Modi, learned counsel for the respondent-accused would submits that, this revision application is not maintainable as while exercising its appellate jurisdiction, the High Court cannot act as a revisional court particularly when no appeal or revision has been filed either by the State, victim or complainant for seeking enhancement of sentence against the accused. In support of the submission, reliance has been placed on the recent judgment of the Supreme Court delivered in the case of Nagarajan vs. State of Tamil Nadu (Criminal Appeal No.2892-2893 of 2025).

(3.) On the other hand, the State has vehemently opposed the submission and submitted that, the case of the Supreme Court on the issue of interpretation of law is not relevant in the facts of the present case and therefore, the plea about non-maintainability of the suo motu revision can be adjudicated on merits.