M.A.A.KHAN
Amichand Ahir – Appellant
Versus
Krishna Kumar – Respondent
M.A.A. Khan, J.-By his order dated August 14, 1991, made under Sections 227/228, CrPC, the learned Addl. Sessions Judge, in a case committed to him by the Magistrate, discharged Krishna Kumar Respondent No. 1 of the offence under Section 307, IPC and directed the Chief Judicial Magistrate to frame a charge for the offence under Section 326, IPC against him and dispose of the case according to law. Aggrieved against such order passed by the learned Sessions Judge, Amichand complainant as also the State of Rajasthan have preferred these revision petitions under Section 397 read with Section 401, CrPC before this Court.
2. In so far as the petition filed by Amichand, complainant is concerned the same is not maintainable. Undisputedly it was a case registered on police report and, therefore, the State and not Amichand, who may be the injured person in this case, was the prosecutor. A private person has no locus standi in a police case to invoke the jurisdiction of this Court under Section 397, CrPC. That is the general rule which may admit of certain exceptions under very exceptional circumstances.
3. In the case of Thakur Ram vs. State of Bihar, AIR 1966 SC 911: (1966 CriLJ 7
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