Patna High CourtCR. REV./1100/2013allowed

Satyadev Singh And ORS. v. The State Of Bihar

2015-05-11Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.1100 of 2013 Arising Out of PS.Case No. -null Year- null Thana -null District- SIWAN =========================================================== 1.

Satyadev Singh, son of Birjhan Singh, resident of village-Chapiya, P.S.- Khampar, District- Deoria (UP), 2.

Jai Ram Singh, son of Inar Singh, & 3.

Hare Ram Singh, son of Inar Singh, both resident of village-Maidania, P.S.- Mairwa, District-Siwan.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Dhaeshwari Devi, w/o late Ram Kripal Bhagat, resident of village-Maidania, P.S.-Mairwan, District- Siwan.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Harsh Anuj, Advocate For the Respondent/s : APP Mr. J. K. Giri, Advocate =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 11-05-2015

1. The Petitioners seek revision of the judgment and order dated 30.08.2012 passed by the Ad hoc Additional Sessions Judge, 1st, Siwan, in Cr. Appeal No.04 of 2009 by which he has affirmed the conviction and sentence of the Petitioners under Section(s) 406 and 420 Indian Penal Code for a maximum period of two years with fine of `2,000/- (two thousand) each in Tr. No.1360 of 2008 arising out of Siwan Town P.S. Case No.228 of 1993 passed by the Sub-Divisional Judicial Magistrate, Siwan.

2. It has been submitted that there was a dispute with regard to Tractor which was settled way back in the year 2010, but

Patna High Court CR. REV. No.1100 of 2013 dt.11-05-2015 2/2 inadvertently this fact was not brought to the notice of the Appellate Court.

3. The counsel for the Petitioners has filed I.A. (Interlocutory Application) No.798 of 2013 annexing the certified copy of the Compromise Petition.

4. In view of such and in the interest of the parties, the judgment and order dated 30.08.2012 passed by the Ad hoc Additional Sessions Judge, 1st, Siwan, in Cr. Appeal No.04 of 2009 as also the judgment and order of conviction passed by the SubDivisional Judicial Magistrate, Siwan, in Tr. No.1360 of 2008 arising out of Siwan Town P.S. Case No.228 of 1993, are hereby set aside

5. The Revision Application stands allowed. (Anjana Prakash, J) JA/- U T