Dilip Kumar v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.107 of 2019 Arising Out of PS. Case No.-306 Year-1997 Thana- COMPLAINT CASE District- Supaul ====================================================== Dilip Kumar, S/o Late Bisheshwar Swarnkar Resident of Mansapur, Ward No. 17, P.S. and P.O.- Karjain, District- Supaul. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Kanhaiya Lal Das, S/o Late Nunulal Das Resident of Village- Mahthawa, P.O.- Mahthawa Bazar, P.S.- Bhargama, District - Araria ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Parmeshwar Mehta For the Respondent/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 15-12-2023 Nobody appears on behalf of the petitioner on repeated calls.

2. On perusal of the impugned order, it is found that in Case No. 306 C of 1997, filed by the Informant, the accused / Opposite party was convicted under the charge of Section 420 of the Indian Penal Code and sentenced to simple imprisonment for three years with fine. However, he was acquitted of the charge under Section 406 of the IPC.

3. Being aggrieved against the order of acquittal of the charge under Section 406 of the Indian Penal Code, passed on 10th of February, 2016, the Informant has preferred the instant Revision.

Patna High Court CR. REV. No.107 of 2019(3) dt.15-12-2023 2/2

4. It is needless to say that in view of the proviso to Section 372 of the Code of Criminal Procedure, which came into force w.e.f. 31st of December, 2009, the impugned order is appealable at the instance of the Informant. The Revision is not maintainable.

5. Accordingly, the instant Revision is dismissed.

6. However, the petitioner is at liberty to prefer an appeal if advised, subject to limitation.

(Bibek Chaudhuri, J) skm/- U