LAWS(ALL)-2018-2-490

RAJESH PASI Vs. STATE OF U P

Decided On February 23, 2018
RAJESH PASI Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) None appears for the revisionists despite the list having being revised. There is already an order passed by this Court dated 8.2.2018 noticing the repeated adjournment of the learned Counsel for the revisionist and providing that on the next date, the case shall be heard and decided on merits. As such the Court is proceeding to heard the matter with the assistance of learned A.G.A. for the State-respondent, keeping in view the judgment of the Hon'ble Supreme Court in the case of Madan Lal Kapoor Versus Rajeev Thapar and Others, (2007) 7 SCC 623, in which the Hon'ble Supreme Court has held that criminal revision has to be decided on merits.

(2.) The Court has perused the judgment passed by the learned Trial Court the original record of lower court, the material on record and have heard the arguments of Sri Dharmendra Singh learned A.G.A. for the State-respondents.

(3.) The instant revision has been preferred aggrieved against the order dated 11.6.1999 passed by the learned Sessions Judge, Unnao in Criminal Appeal No.-34 of 1999 in Re: State Versus Rajesh Pasi, by which the appeal preferred by the revisionist was dismissed and the judgment and order dated 27.5.1999 passed by the Chief Judicial Magistrate, Unnao in Criminal Case No.-621 of 1999 by which the revisionist was convicted for the offence under Section 365 of the IPC and punished with 5 years rigorous imprisonment and Rs. 5,000/- as fine.