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2024 Supreme(UK) 332

RAVINDRA MAITHANI
Manoj Kumar – Appellant
Versus
State of Uttarakhand – Respondent


Advocates Appeared:
Mr. Rajendra Arya, learned Amicus Curiae.
For the State of Uttarakhand : Mr. M.A. Khan, A.G.A. with Mr. Vipul Painuly, Brief Holder.

JUDGMENT :

Ravindra Maithani, J.

The instant revision is preferred against the following:-

    (A) Judgment and order dated 04.06.2019, passed in Criminal Case No.377 of 2017, State Vs. Manoj Kumar, by the court of Judicial Magistrate, Jaspur, District Udham Singh Nagar (“the case”). By it, the revisionist has been acquitted of the charge under Sections 504 and 506 IPC, but he has been convicted for the offences under Section 325 IPC, and sentenced to two years’ simple imprisonment with a fine of Rs.2000/-. It has further been stipulated that in default of payment of fine, the revision shall undergo further simple imprisonment for a period of two months. And;

(B) Judgment and order dated 12.12.2022, passed in Criminal Appeal No.191 of 2019, Manoj Kumar Vs. State of Uttarakhand, by the court of Second Additonal Sessions Judge, Kashipur, District Udham Singh Nagar (“the appeal”). By it, the judgment and order dated 04.06.2019, passed in the case has been upheld.

2. Heard learned counsel for the parties and perused the record.

3. This revision has yet not been admitted. Learned Amicus Curiae would submit that the quantum of sentence may be revisited and its legality, correctness and propriety m

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