Patna High CourtCR. REV./726/2016dismissed

Vidya Dhar Upadhyay v. The State Of Bihar And ORS

2017-04-18Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.726 of 2016 ====================================================== Vidya Dhar Upadhyay, son of Late Narsingh Upadhyay, resident of villageKalani, P.S.-Ramgarh, District-Kaimur at Bhabhua .... .... Petitioner

Versus

1. The State of Bihar

2. Ramji Upadhyay

3. Bharat Upadhyay

4. Surendra Upadhyay, all sons of Late Kamta Upadhyay

5. Avinash Upadhyay

6. Vivek @ Mantu Upadhyay, both sons of Ramji Upadhyay

7. Dinesh Upadhyay, son of Late Danesh Upadhyay

8. Shambhu Upadhyay, son of Late Markandey Upadhyay

9. Amarnath Upadhyay, son of Late Suresh Upadhyay

10. Rajkumar Sah, son of Neur Paswan

11. Angad Sah, son of Ramdayal Paswan, all are residents of villageKalani, P.S.-Ramgarh, District-Kaimur at Bhabhua .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar Tiwari, Advocate For the Respondent/s : Mr. Sri Pradeep Narain Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-04-2017 The petitioner is informant of Ramgarh P.S. Case No. 128 of 2009. He has challenged judgment and order dated 22.04.2016, passed by learned Judicial Magistrate 1st Class, Bhabhua in Trial No. 4905 of 2015 in the present criminal revision application. By the said judgment and order, the court below has recorded acquittal of the opposite parties No. 2 to 11 who stood charged of the offences punishable under Sections 147, 148, 149, 341, 323, 325 and 427 of the Indian Penal Code and Section 27 of the Arms Act.

Patna High Court CR. REV. No.726 of 2016 (4) dt.18-04-2017 2/2 In my view, the revision application against the said judgment and order of acquittal is not maintainable. It goes without saying that petitioner shall have liberty to assail the impugned order in appropriate proceeding. This application stands dismissed with observation as above.

(Chakradhari Sharan Singh, J) Vats/- U T