SURESH KUMAR Vs. STATE OF U P
LAWS(ALL)-2019-1-53
HIGH COURT OF ALLAHABAD
Decided on January 03,2019

SURESH KUMAR Appellant
VERSUS
STATE OF U P Respondents

JUDGEMENT

Saurabh Shyam Shamshery, J. - (1.) Case called out in the revised list. None appears on behalf of the revisionist to address the Court. However, learned AGA is present.
(2.) The revisionist has filed the present criminal revision to set aside the impugned judgment and order dated 16.9.2013 passed by learned Additional Sessions Judge Court No.5, Etah in Criminal Appeal No.4 of 2013 (Suresh Kumar vs. State of U.P.) whereby the appeal was dismissed as well as the impugned order dated 22.12.2012, passed by learned Additional Civil Judge (Junior Division)/Judicial Magistrate No.24, Etah in Case No.2080 of 2010 (State vs. Suresh Kumar) arising out of Case Crime No.39 of 2008, u/s 452, 354, 504 IPC, Police Station Mirhachi, District Etah whereby he has been convicted u/s 452 IPC wherein sentenced for two years of simple imprisonment, u/s 354 IPC wherein sentenced for two years and u/s 504 IPC wherein sentenced for one year of simple imprisonment was awarded.
(3.) This criminal revision petition was earlier listed on 3.10.2013 before this Court when the following order was passed:- "Heard learned counsel for the parties. Learned counsel for the revisionist has contended that the learned trial court without considering the entire material on record has illegally convicted the revisionist for the offences punishable under Sections 452,354 and 504 IPC and sentenced him to undergo two years RI under Section 452 IPC, two years RI under Section 354 IPC and 1 year RI under Section 504 IPC. Admit on the question of sentence only. Notice on behalf of the State has already been received by the learned AGA and learned counsel for the informant has also appeared. Hence notice need not be issued. Summon the record of both the courts below at an early date and list thereafter for hearing. In the meantime the revisionist shall be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned in Criminal Case No. 2080 of 2010, State Vs. Suresh Kumar, Case Crime No.39/2008, under Sections 452,354 and 504 IPC, PS Mirhachi, District Etah. Sri Sunil Kumar Yadav, Advocate has filed power on behalf of the informant. Let it be kept on record.";


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