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Patna High CourtSLA/6/2024dismissed

Reeta Devi v. The State Of Bihar

2024-11-25Mr. Justice Arvind Singh Chandel2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

SPECIAL LEAVE APPLICATION No.6 of 2024 Arising Out of PS. Case No.-923 Year-2012 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== Reeta Devi Wife Of Shiyaram Prajapati Resident Of Village - Jahanabad, P.S. - Mohania, District - Kaimur (Bhabhua) ... ... Appellant/S

Versus

1.

The State Of Bihar 2.

Siyaram Prajapati Son Of Badri Prasad Prajapati Resident Of Mohalla - 3/141a Chhota Lalpur, P.S. - Chaut, District - Varanashi (U.P.) 3.

Badri Prasad Prajapati Son Of Late Gaya Prasad Resident Of Mohalla - 3/141a Chhota Lalpur, P.S. - Chaut, District - Varanashi (U.P.) 4.

Amrawati Devi Wife Of Badri Prasad Prajapati Resident Of Mohalla - 3/141a Chhota Lalpur, P.S. - Chaut, District - Varanashi (U.P.) 5.

Sriram Prajapati Son Of Badri Prasad Prajapati Resident Of Mohalla - 3/141a Chhota Lalpur, P.S. - Chaut, District - Varanashi (U.P.) 6.

Manju Devi Wife Of Sriram Prajapati Resident Of Mohalla - 3/141a Chhota Lalpur, P.S. - Chaut, District - Varanashi (U.P.) 7.

Jai Ram Prajapati Son Of Badri Prasad Prajapati Resident Of Mohalla - 3/141a Chhota Lalpur, P.S. - Chaut, District - Varanashi (U.P.) 8.

Kiran Devi Wife Of Jairam Prajapati Resident Of Mohalla - 3/141a Chhota Lalpur, P.S. - Chaut, District - Varanashi (U.P.) 9.

Shiv Kumar Prajapati Son Of Badri Prasad Prajapati Resident Of Mohalla - 3/141a Chhota Lalpur, P.S. - Chaut, District - Varanashi (U.P.) 10.

Sarita Devi Wife Of Shiv Kumar Prajapati Resident Of Mohalla - 3/141a Chhota Lalpur, P.S. - Chaut, District - Varanashi (U.P.) 11.

Raj Kumar Prajapati Son Of Badri Prajapati Resident Of Mohalla - 3/141a Chhota Lalpur, P.S. - Chaut, District - Varanashi (U.P.) ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Rajesh Kumar Singh, Adv.

For the Respondent/s :

Mr. Ramchandra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 25-11-2024 Heard learned counsel for the petitioner.

2. This application for special leave for submission of appeal has been submitted by the petitioner being aggrieved with the judgment of acquittal dated 29.01.2024 passed by the learned

Patna High Court SLA No.6 of 2024(6) dt.25-11-2024 2/2 Judicial Magistrate, First Class, Mohania, Kaimur, Bihar in Complaint Case No. 923 of 2012 whereby and whereunder, the learned Judicial Magistrate First Class acquitted the accused persons from the charges punishable under Section 498A of the IPC.

3. I have gone through the entire judgment passed by the Trial Court.

4. After perusal of the para 27 and 28 of the impugned judgment, it transpires that the learned Trial Court on the basis of entire evidence adduced by the prosecution arrived on the conclusion that prosecution (complainant) is unable to proof it's case beyond reasonable doubt against the accused persons and on the ground mentioned in the para 27 and 28 of the judgment acquitted the accused persons from the alleged offences. The judgment of acquittal passed by the Trial Court is based upon the evidence available on record and it is a reasoned judgment.

5. I do not find any ground on the basis of which any relief can be granted to the petitioner herein.

6. Accordingly, this application is dismissed at this stage itself.

(Arvind Singh Chandel , J) Siddharth Soni/- U T