Vishnu Chandra Gupta, J. - (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: - "Accordingly all these revisions are disposed of on the following terms: - "The conviction and sentence awarded to the applicants are maintained. However on the applicants depositing the amount of fine within a period of four months from the date of this order and their intimating the appropriate government through the District Magistrates of their districts that such a fine has been deposited, the State Govt. may formulise the matter by passing appropriate orders under clause (e) of Sec. 433 of the Code of Criminal Procedure. Meanwhile till decision by the State Govt. the applicants shall not be arrested.". The operative portion, has been reproduced herein above and the copy of which has been annexed as Annexure No. 3 to the Criminal Misc. Application No. 1233 of 2005." It is not in dispute that this Court in aforesaid revision No. 489 of 1982 affirmed the conviction and sentence awarded to the applicant -revisionist on 11.09.1998 under Section 7/16 of PFA Act
(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.;