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ASHOK KUMAR VERMA v. THE STATE OF UTTAR PRADESH

Supreme Court of India | Diary 556/2020

Status

Order

Decided On

2021-12-06

Bench

HON'BLE MR. JUSTICE D.Y. CHANDRACHUD and HON'BLE MR. JUSTICE A.S. BOPANNA

Petitioner

ASHOK KUMAR VERMA

Respondent

THE STATE OF UTTAR PRADESH

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Full Judgment Text

SLP(Crl) 8719/21

1

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

Criminal Appeal No 1559 of 2021 (Arising out of SLP (Crl) No 8719 of 2021)

Ashok Kumar Verma Appellant(s)

Versus

State of Uttar Pradesh and Another Respondent(s)

O R D E R

1 Leave granted.

2 The appeal arises from a judgment of a Single Judge of the High Court of

Judicature at Allahabad dated 25 September 2019 in Criminal Revision No

1450 of 1998.

3 The appellant was tried for offences punishable under Sections 494 and 498

of the Indian Penal Code 1860. The appellant was convicted for the offence

punishable under Section 498A by the Judicial Magistrate First Class, Varanasi

on 31 August, 1994 and was sentenced to rigorous imprisonment for one

year and to a fine of Rs 500. He was however acquitted of the offence under

Section 494.

SLP(Crl) 8719/21

2

4 The Additional District Judge, Varanasi dismissed the appeal against the

conviction and sentence on 29 August 1998.

5 The appellant had filed a criminal revision before the High Court. When the

revision came up before the High Court on 25 September 2019, counsel for

the appellant was absent. The Single Judge observed that in the

circumstances, the court had perused the record. Paragraph 1 of the order

reads as follows:

“Called in revise. None appeared to press this revision. In the circumstances, I myself have perused the record.”

6 On merits, the Single Judge observed:

“Having gone...

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