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SHREE CHANDRASHEKHAR
Nitesh Chandrabanshi S/o Shri Narayan Ram Saakin – Appellant
Versus
State of Jharkhand – Respondent
ORDER :
1. The petitioner is the informant at whose instance Telaiya P.S. Case No. 266 of 2007 was registered against the accused Manoj Kumar Chandrabanshi and Tuntun Kumar Chandrabanshi under section 420 and 120B of the Indian Penal Code (in short ‘IPC’).
2. By judgment dated 15th May 2014 in T.R. No. 33 of 2014, the learned Judicial Magistrate, 1st Class, Koderma convicted and sentenced the accused to RI for two years and fine of Rs. 2,000/- each under section 420 IPC and RI for six months and fine of Rs. 500/- each under section 120B IPC.
3. Both the convicts preferred Criminal Appeal No. 33 of 2014 against the aforesaid judgment of conviction before the Court of sessions and by judgment dated 9th February 2015 the District and Additional Sessions Judge Sessions Court No. 1, Koderma set aside the judgment of conviction recorded in T.R. No. 33 of 2014 and allowed Criminal Appeal No. 33 of 2014.
4. Against the judgment passed in Criminal Appeal No. 33 of 2014, the informant has preferred the present criminal revision petition.
5. Mr. Ashok Kumar Sinha, the learned counsel for the petitioner takes the Court through the materials on record to submit that the judgment in T.R. No. 33 of 20
The central legal point established in the judgment is the narrow scope of revisional jurisdiction in cases of acquittal and the limitations on converting a finding of acquittal into one of convictio....
The High Court's revisional jurisdiction is limited; it cannot convert an acquittal into a conviction without manifest illegality or miscarriage of justice.
(1) No revision shall be entertained at instance of victim against order of acquittal in a case where no appeal is preferred and victim is to be relegated to file appeal.(2) Right provided to victim ....
Petitioner acquitted of charges under Section 498A IPC due to insufficient evidence of cruelty, demonstrating the High Court's role in correcting procedural misjudgments.
Criminal Revision - Scope of criminal revision is very limited.
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.
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