Patna High CourtCR. REV./577/2003allowed

Vijay Kumar Choudhary And ORS v. State Of Bihar

2015-05-11Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.577 of 2003 Arising Out of PS.Case No. -null Year- null Thana -null District- SARAN ===========================================================

1. Vijay Kumar Choudhary, son of A. K. Prasad @ American Choudhary,

2. A. K. Prasad @ American Choudhary, son of Shyamlal Choudhary, &

3. Kanti Devi, wife of A. K. Prasad, all resident of Old Station, Qr. No.163/Y, P.S.-Dhanbad, District- Dhanbad .... .... Petitioner/s

Versus

1. The State of Bihar,

2. Smt. Anita Devi, w/o Sri Vijay Kumar Choudhary, resident of Mohalla- Near Siya Masjid, Dahiyawan, P,O.-Sahibganj, P.S.-Chapra Town, Saran. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Maheshwar Prasad, Advocate For the Respondent/s: APP Niraj Kumar, Advocate =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 11-05-2015 The Petitioners seek revision of judgment dated 11.08.2003 passed in Cr. Appeal No.99 of 2002 by the 1st Additional Sessions Judge, Saran at Chapra, by which he has confirmed the conviction and sentence of the Petitioners under Section(s) 323 and 498-A Indian Penal Code passed by the Sub-Divisional Judicial Magistrate, Saran at Chapra, in G.R. Case No.2603 of 1997/TR No.806 of 2002, vide judgment 25.09.2002.

It has been submitted that now the husband and wife are living together and it would be in their interest that the revision application be allowed.

Patna High Court CR. REV. No.577 of 2003 dt.11-05-2015 2/2 Considering the aforesaid aspect, the judgment dated 11.08.2003 passed in Cr. Appeal No.99 of 2002 by the 1st Additional Sessions Judge, Saran at Chapra, as well as judgment and order of conviction dated 25.09.2002 passed by the Sub-Divisional Judicial Magistrate, Saran at Chapra, in G.R. Case No.2603 of 1997/TR No.806 of 2002 are hereby set aside.

The Revision Application stands allowed.

(Anjana Prakash, J) JA/- U T