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2025 DAILYLAW 24471 (CHH)

ATEEQ KHAN v. STATE OF CHHATTISGARH

CRR/603/2021 · 2025-06-15

body2025

Judgment text

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1 2025:CGHC:24719 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 603 of 2021 1 - Ateeq Khan S/o Mohammed Anwar Khan, Aged About 38 Years R/o Near Hanuman Mandir, Kurud Road, Kohka, Ps- Supela, Bhilai, Tahsil And District Durg Chhattisgarh., District : Durg, Chhattisgarh 2 - Smt. Shakila Begum, W/o Mohammed Anwar Khan, Aged About 58 Years R/o Near Hanuman Mandir, Kurud Road, Kohka, Ps- Supela, Bhilai, Tahsil And District Durg Chhattisgarh., District : Durg, Chhattisgarh 3 - Mohammed Sarwar Khan S/o Mohammed Anwar Khan Aged About 34 Years R/o Near Hanuman Mandir, Kurud Road, Kohka, Ps- Supela, Bhilai, Tahsil And District Durg Chhattisgarh., District : Durg, Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through The District Magistrate, Durg, Tahsil And District Durg Chhattisgarh, District : Durg, Chhattisgarh ... Respondent(s) For Applicant(s) : None. For Respondent(s) : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 16/06/2025 1. None appears nor any representation made on behalf of the applicant to press this criminal revision when the case is called out, but taking into account that the matter is old one, the Court proceeds to consider and decide the matter with the assistance of State counsel. 2. Ms. Monika Thakur, learned Panel Lawyer, appearing for the respondent/State is present. 3. The present Criminal Revision has been filed by the applicants with following prayer: “It is therefore most humbly prayed on behalf of the applicants that this Hon'ble Court may be kind enough to set-aside/quash the Judgement dt. 06.02.2021 passed in appeal, in case no Criminal Appeal No. 44/2020, before the learned Court of the IVTH Additional Sessions Judge, Durg (C.G.), and the Judgement dt. 24.01.2020 passed in the learned Court of the Judicial Magistrate First Class, Dưng (C.G.), in the interest of justice.” 4. From perusal of the order passed by the trial Court as well as the appellate Court, it transpires that the trial Court convicted the applicants for the offence punishable under Section 498A of the IPC and sentenced them to undergo SI for 1 year with fine of Rs.500/- (each), total Rs.1,500/- and in default of payment of fine to further undergo RI for 1 month, which was later modified by the appellate Court. The appellate Court affirmed the conviction of the applicants 3 as awarded by the trial Court and has reduced the sentence from RI for 1 year to the sentence till rising of the Court under Section 498A of the IPC, but has increased the fine amount from Rs.500/- to 2,000/- for each applicants and in default of payment of fine to undergo SI for 1 month. On 29.09.2021, the revision was reported to be a defective one and learned counsel for the applicant was granted time to remove the same, but it appears that the defects have not yet been removed and the matter is listed today. 5. In view of the above, instant criminal revision seems to be defective one and the same is dismissed on this ground alone. Sd/- (Ramesh Sinha) Chief Justice Akhil