Jagbir Singh vs U. t. Chandigarh - 2022 Supreme(P&H) 708

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2022 Supreme(P&H) 708

AMAN CHAUDHARY
Jagbir Singh – Appellant
Versus
U. t. Chandigarh – Respondent

Advocates:
Mr.Satyender Kumar, Advocate for Mr.Gaurav Mohunta, Advocate for the petitioner., for the Appellant; Mr.Shashank Bhandari, Addl.PP, UT, Chandigarh., for the Respondent

JUDGMENT

Aman Chaudhary, J. - 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 dated 31.10.2013 passed by learned Additional Sessions Judge, Chandigarh for the offence punishable under Section 336 IPC to undergo simple imprisonment for three months and to pay fine of Rs.250/- and in default of payment of fine to further undergo simple imprisonment for seven days, in case FIR No. 62 dated 12.3.2012, registered under Sections 307, 506, 120-B IPC at Police Station Sector 17, Chandigarh.

2. Aspect, at first re:maintainability:-

Notice was issued in this revision petition on 8.9.2014, pursuant to which, in the order dated 5.12.2018, the objection was raised by learned counsel appearing on behalf of UT, Chandigarh regarding non- maintainability of the revision petition, in view of the fact that against the judgment/ order passed by learned Additional Sessions Judge, Chandigarh, whereby the petitioner has been convicted for the offence under Section 336 IPC and sentenced as above, in view of Section 376(B) Cr.P.C., the remedy of appeal was available.

Faced with this, the learned counsel for the