Gujarat High Court
Lalubha Chanubha Jadeja vs The State Of Gujarat & 4 on 8 December, 2014
Author: G.R.Udhwani
Bench: G.R.Udhwani
R/CR.RA/576/2005 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL REVISION APPLICATION NO. 576 of 2005
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LALUBHA CHANUBHA JADEJA....Applicant(s)
Versus
THE STATE OF GUJARAT & 4....Respondent(s)
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Appearance:
MR HD CHUDASAMA, ADVOCATE for the Applicant(s) No. 1
MR SP MAJMUDAR, ADVOCATE for the Respondent(s) No. 2 - 5
MR Y J PATEL, ADVOCATE for the Respondent(s) No. 2 - 5
MS MONALI H. BHATT, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE G.R.UDHWANI
Date : 08/12/2014
ORAL ORDER
1. Against the order of acquittal dated 28.04.2005 recorded by the learned Additional Sessions Judge, Fast Track Court, Surendranagar acquitting respondent nos.2, 3, 4 and 5 of the offences punishable under Sections 498A and 306 read with Section 114 of the Indian Penal Code (for short "IPC"), the petitioner-complainant is before this Court invoking the revisional jurisdiction under Section 397/401 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C."); the State having decided not to appeal against the impugned judgment rendered in Sessions Case No.7 of 2001.
2. Given the limited jurisdiction under Section 397/401 of Cr.P.C., this Court on hearing the learned counsel as well as perusing the impugned order is of the opinion that no case for entertaining the petition is made out inasmuch as the learned Trial Page 1 of 2 R/CR.RA/576/2005 ORDER Judge has recorded the material contradictions, omissions and improvements in the evidence tendered before him. This Court under Section 397/401 of Cr.P.C. cannot sit in appeal and reappreciate the evidence. The Criminal Revision Application therefore fails and is dismissed. Notice is discharged. No costs.
(G.R.UDHWANI, J.) rakesh/ Page 2 of 2