JAGBIR SINGH Vs. U.T. CHANDIGARH

JUDGEMENT

(1.) This criminal revision petition has been filed by the petitioner way back in the year 2014 against the judgment of conviction and order of sentence dtd. 31/10/2013 passed by learned Additional Sessions Judge, Chandigarh for the offence punishable under Sec. 336 IPC to undergo simple imprisonment for three months and to pay fine of Rs.250.00 and in default of payment of fine to further undergo simple imprisonment for seven days, in case FIR No. 62 dtd. 12/3/2012, registered under Ss. 307, 506, 120-B IPC at Police Station Sector 17, Chandigarh.

(2.) It may be accentuated at the outset, the view of Hon'ble the Supreme Court of India on this issue, in the case of Joseph Stephen and others vs. Santhanasamy and others Criminal Appeal Nos. 90-93 of 2022, decided on 25/1/2022, wherein it has held that the High Court has jurisdiction to treat the application for revision as an appeal as per Sub Sec. 5 of Sec. 401 Cr.P.C. on being satisfied that such application was made under the erroneous belief that no appeal lies thereto and that it is necessary in the interest of justice to do so. The relevant para of the judgment is reproduced as under:

(3.) The learned counsel appearing for the UT, Chandigarh is unable to distinguish the above judgment.