LALLOO Vs. STATE OF U.P.

JUDGEMENT

(1.) THESE Criminal Misc. Applications No. 1233 of 2005 and Criminal Misc. Application No. 40699 of 2013 have been moved by the applicant -revisionist in Criminal Revision No. 489 of 1982.

(2.) THE brief and relevant facts for deciding there applications are that in a trial of offence under section 7/16 of PFA Act against the applicant -revisionist a sentenced of rigorous imprisonment of six months and fine of Rs. 1,500/ - and in default of payment of fine further sentence of six months was awarded vide order dated 30.07.1982 passed in Criminal Case No. 809 of 1981 by learned Magistrate. Aggrieved by his conviction and sentence the present applicant -revisionist preferred an appeal before learned Sessions Judge, Raebareli having Criminal Appeal No. 173 of 2012 but the appeal was dismissed by 2nd Additional Sessions Judge, Raebareli vide its order dated 17.09.1982. Thereafter the applicant -revisionist filed present criminal revision No. 489 of 1982 before this Court against the orders passed by trial court as well as by appellate Court. This revision was decided by this Court vide judgment dated 11.09.1998. The operative portion of the judgment dated 11.09.1998 is quoted herein below: -

(3.) IN pursuance of the aforesaid order the present revisionist moved a representation to the State Government, which was rejected vide communication dated 16.11.2004 (Annexure No. 4 to the Criminal Misc. Application No. 1233 of 2005) whereby the State Government declined to remit the sentence of six months rigorous imprisonment awarded by the trial Court and affirmed by appellate Court.