BABLOO ALIAS CHANDRAPAL v. STATE OF U.P. AND 3 OTHERS
CRLR/4055/2024 · 2025-09-22
body2025
DailyLaw.ai
[ 2025 DAILYLAW 189153 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 189153 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 4055 of 2024 Court No. - 93 HON'BLE HARVIR SINGH, J.
1. Heard learned counsel for the revisionist, learned A.G.A. for the State, learned counsel for the opposite party nos. 2, 3 and 4 and perused the material on record. 2. The present revision has been filed against the order dated 06.06.2024 passed by learned Additional Sessions Judge, Court No. 2, Meerut, in Sessions Trial No. 657 of 2022, (State Vs. Vishal @ Monti & Others), arising out of Case Crime No. 61 of 2022, under Section 302 IPC, Police Station Mundali, District Meerut, by which learned court below has rejected an application under Section 319 Cr.P.C. of the revisionist. 3. Learned counsel for the revisionist has submitted that the learned Additional Sessions Judge, Court No. 2, Meerut, without going into entirety of facts, particularly by not examining the evidence of the PW-1 and PW-2, the impugned order has been passed. Learned counsel for the revisionist has further submitted that, there is sufficient evidence on record, wherein the prospective accused persons i.e. opposite party nos. 2, 3 and 4 would have been summoned in the trial. Learned counsel for the revisionist has next submitted that the learned Additional Sessions Judge, Court No. 2, Meerut has also assessed the part of charge-sheet, wherein the Investigating Officer has dropped the name of prospective accused persons from the charge-sheet and only two accused persons have been nominated in the charge-sheet, thereafter trial has proceeded. Learned counsel for the revisionist has fairly submitted that pursuant to the trial, the two accused persons nominated in the charge-sheet have been convicted and appropriate order of sentence has Versus Counsel for Revisionist(s) : J.B. Singh Counsel for Opposite Party(s) : G.A., Ramesh Pundir, Rekha Pundir Babloo Alias Chandrapal .....Revisionist(s) State Of U.P. And 3 Others .....Opposite Party(s)
been passed vide judgment dated 30.07.2025. Learned counsel for the revisionist has produced the final judgment passed by learned Additional Sessions Judge, Court No. 10, Meerut dated 30.07.2025 the same is taken on record. 4. Per contra, learned counsel appearing for the opposite party nos. 2, 3 and 4 has submitted that the order dated 06.06.2024 passed by the learned Additional Sessions Judge, Court No. 2, Meerut is in accordance with law.
The learned Additional Sessions Judge, Court No. 2, Meerut, while passing the said order, has considered entire facts, such as recovery of the articles, those were used or found at the time of incident and has also relied upon the testimony of PW-1 and PW-2, and after having gone through the material available during the course of trial, learned Additional Sessions Judge, Court No. 2, Meerut has passed the order dated 06.06.2024, which calls for no interference by this Court and prayed that the present revision is liable to be dismissed. 5. Having regard to the submissions made by the learned counsel for the parties, it is an admitted position and matter of record that, pursuant to the charge-sheet filed and charge framed, the entire trial has been concluded, wherein two accused persons nominated in the charge-sheet have been convicted in respect of the said Case Crime No. 61 of 2022, under Sections 302/34, 394, 506 and 411 of IPC. At this stage, if the revision is allowed, it would initiate fresh trial, not only in respect of the persons, those have already been convicted, but the prospective accused as well, and therefore, once a final judgment has been passed by the trial court and two persons have been convicted, it is not necessary that the witnesses those have deposed in trial which has already been concluded, may or may not support the prosecution, at a later stage, for any reasons whatsoever. Moreover, order passed by learned Additional Sessions Judge, Court No. 2, Meerut dated 06.06.2024 appears to be in accordance with law, hence no interference is called for. The revision is liable to be dismissed. Hence, the present revision is dismissed. September 23, 2025 Vikram CRLR No. 4055 of 2024 2 (Harvir Singh,J.) Digitally signed by :- VIKRAM SINGH High Court of Judicature at Allahabad