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2014 Supreme(Pat) 1034

SAMARENDRA PRATAP SINGH, I.A.ANSARI
Jainath Prasad – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellant: M/s Rakesh Kumar, Rikesh Sinha
For the State: Mr. A.K. Sinha, Addl. P.P.
For Amicus Curiae: Mr. Akhileshwar Prasad Singh, Mr. Ajay Kumar Thakur

Order

Samarendra Pratap Singh, J.

The issue, which arises for consideration, is as to whether a Criminal Appeal would, at the instance of a victim, be maintainable before a Division Bench of a High Court against order of acquittal passed by an Appellate Court subordinate to the High Court.

2. The facts, relevant for deciding the issue, fall in a narrow compass and are not in dispute. The appellant, Jainath Prasad, lodged a First Information Report against Respondent No.2, Brahma Prasad, and three others, namely, Chandra Prakash Devi, Ramesh Kumar and Ram Sundar Das, wherein it was alleged that Respondent No.2, Brahma Prasad, with aid of other accused persons, made negotiations for sale of some of his land and, in the process, executed different sale deeds in favour of the informant, whereupon the informant took possession of the land and his name was also mutated, but some time thereafter, the informant learnt that wife of Brahma Prasad had also filed a petition, in the Anchal Office, for mutation of the land, which was sold in his favour, and, upon enquiry, the informant learnt that Brahma Prasad had already executed a prior sale deed in favour of his wife with respect to the same la

















































































































































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