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BIBEK CHAUDHURI
Aruna Devi – Appellant
Versus
State of Bihar – Respondent
The case involves an incident that led to the registration of a First Information Report (FIR). The FIR was lodged by the informant, who alleged that the accused committed certain acts that caused harm or injury to the informant or their family members. The incident reportedly involved criminal conduct that was serious enough to warrant legal action and investigation. Following the FIR, the case proceeded through the judicial process, resulting in the accused being tried and subsequently either convicted or acquitted by the trial court. The informant or their legal heirs later challenged the order of acquittal, leading to revisions or appeals being filed before the higher court. The court examined whether the revisions or appeals filed by the victims or their legal heirs were maintainable and whether the orders of the lower court were justified or require interference.
Bibek Chaudhuri, J.—The legal issue involved in these batch of revisional applications is as to whether the complainant / informant is to be treated as “victim” within the definition of Section 2(wa) Cr.P.C. If so, whether the petitioners should file appeal under the proviso to Section 372 of the Cr.P.C. or the Revisional Application under Section 397 Cr.P.C., read with Section 401 of the Code of Criminal Procedure, is maintainable under the facts and circumstances of the case.
2. Criminal Revision No. 133 of 2020 has been filed, assailing the legality, validity and propriety of the judgement, dated 11th of September, 2019, passed in Sessions Trial No. 1586 of 2011 by the learned Additional Sessions Judge, Vth Court at Patna City in G.R. No. 1174 of 2010, corresponding to Trial No. 1586 of 2011, whereby and whereunder, the learned Judge, vide his judgement, dated 11th of September, 2019, recorded an order of acquittal in favour of Opposite Party Nos. 2 to 5 in a case under Sections 341, 342, 323, 324, 307, 506, 504 and 34 of the IPC.
3. The petitioner is the informant, who submitted a fradebyan before the S.H.O., Malsalami, Patna City Police Station, stating, inter alia, that her bro
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