IN THE HIGH COURT OF JUDICATURE AT PATNA
BIBEK CHAUDHURI, J.
Cr. Revision No.133, 131, 136, 137 and 138 of 2020
(1.3.2024)
Aruna Devi (in 133)
Jyoti Kumari & Ors (in 131)
Ruhi Begam (in 136)
Chandan Kumar Soni
@ Ajay Soni (in 137)
Jyoti Kumari & Ors. (in 138)
vs.
State of Bihar & Ors. ... Respondents
(in all)
Criminal Procedure Code, 1973 – Sections 397 and 401 – Revision against acquittal – Jurisdiction of the High Court to entertain revision against acquittal is not barred, but is severely restricted – High Court, in its revisional power, would not ordinarily interfere with judgment of acquittal passed by Trial Court unless there has been apparent error of law or procedure or where public justice requires interference for correction of manifest illegality or prevention of gross miscarriage of justice – Exercise of power of revision is limited and confined within parameters permitted by provisions of Sections 397 and 401 of Code – It is narrower in its ambit and scope in comparison to power of appeal which permits examination of both fact and law. (Paras 13, 14 and 15)
Criminal Procedure Code, 1973 – Sections 372, Proviso and 2(wa) – Appeal against acquittal – Informant being "victim" within meaning Section 2(wa) of Cr.P.C., victim informant is entitled to file appeal under proviso to Section 372 of Cr.P.C. against order of acquittal passed against Opposite Parties – Criminal Revision is not maintainable because impugned order is appealable and informant being victim can prefer appeal before competent Court. (Paras 21 and 22)
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 brother-in-law (elder brother of her husband) called her husband for amicable talk for partition of their house property. During such talk, the opposite parties caught hold of him, and Opposite Party Nos. 3 and 5 brought Chewaniya and Hasua. Opposite Party No. 5 gave a blow with the help of Chewaniya to Parmeshwari Prasad (husband of the de facto complainant). He was also hit by Chewaniya on his hand. As a result of such assault, Parmeshwari Prasad fell down. Hearing hue and cry, local people along with the informant, came to the spot. The opposite parties fled away. The husband of the informant was taken to the hospital and he was admitted to the hospital. Surgery was done on his chest and his wound was repaired by 30 stitches.
4. On the basis of the said information, police registered Malsalami P.S. Case No. 103 of 2010 and on completion of investigation, charge-sheet was filed against the opposite parties.
5. The opposite parties faced trial and on conclusion of trial, the learned Additional Sessions Judge by his judgement, dated 11th of September, 2019, recorded an order of acquittal against the opposite parties.
6. Criminal Revision No. 137 of 2020 is an application under Section 397 read with Section 401 of the Cr.P.C., filed by one Chandam Kumar Soni, the informant of Nabinnagar P.S Case No. 28 of 2009 (G.R. No 488 of 2009) under Sections 341, 323, 504 and 34 of the IPC, in which police submitted charge-sheet against the Opposite Party Nos. 2 to 4 for committing offence under Sections 341, 323, 504 and 34 of the I.P.C. The said case was registered as G.R. Case No. 488 of 2009 and the learned A.C.J.M, VIIth Court at Aurangabad on conclusion of trial recorded an order of acquittal in favour of Opposite Party Nos. 2 to 4. The said order was challenged by the de facto complainant in Criminal Appeal No. 72 of 2017 before the learned Additional Sessions Judge, Vth Court at Aurganabad. The appeal was dismissed and the order of the learned A.C.J.M was affirmed. The petitioner has filed the instant Revision against the order passed by the Appellate Court, assailing legality, validity and propriety of the impugned order.
7. Criminal Revision No. 136 of 2020 has been filed by the informant of Madhubani Town P.S. Case No. 314 of 2000. It is alleged by the complainant that her marriage was solemnized about 7 years ago from the date of lodging the complaint with Opposite Party No. 1, as per Mohammedan Customary Rituals. At the time of marriage, Den-Mohar was fixed at Rs. 16,786/-. The family members of the complainant gave ornaments, utensils, clothes, furniture and other items worth Rs. 75,000/-. After marriage, the petitioner went to her matrimonial home and was living happily with her husband and other matrimonial relations. However, after some days, her husban
The victim's right to file an appeal against the judgment of acquittal and the limited scope of interference in revisional jurisdiction against judgment of acquittal.
The right to appeal granted to victims is prospective and applies only to judgments issued on or after December 31, 2009; earlier judgments can only be challenged through revisions.
A victim has a statutory right to appeal against an acquittal under Section 372 of the Cr.P.C., and a revision petition is not maintainable if the victim has not pursued that appeal.
Abatement provisions for appeals do not apply to revisions, allowing a victim to continue proceedings even after the original revisionist's death.
Victims of offences under Section 138 of the Negotiable Instruments Act have the right to appeal against acquittal judgments without needing special leave, per Sections 372 and 378 of the Cr.P.C.
The main legal point established in the judgment is that the term 'other person' in Section 401(2) of the Code includes a complainant/first informant if the order passed by the revisional court has t....
(1) Appeal against acquittal – Right of victim to file appeal under Proviso to Section 372 Cr.P.C. is absolute and victim requires no Leave or Special Leave to file appeal to High Court.(2) Appeal ag....
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