Patna High CourtCR. REV./147/2015disposed

Hari Shankar Mishra v. The State Of Bihar And ORS

2017-03-16Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.147 of 2015 ======================================================

1. Hari Shankar Mishra, Son of Late Prajapati Mishra, Resident of VillageBartiya, P.S. - Barhiy, District- Lakhisarai. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Tinku Kumar Pandey, Son of Raj Kumar Pandey, Resident of Naya Bazzar Dalpati, P.S. & District- Lakhisarai.

3. Raj Kumar Pandey, Son of Late Raho Pandey, Resident of village- Naya Bazzar Dalpati, Kabaiya, Ps & District- Lakhisarai. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Mukund Mr. Purnendu Keshav For the Respondent/s : Mr. R. B. Roy 'Raman'(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 16-03-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State.

The present criminal revision application, filed by the informant against the judgment and order, dated 13.01.2015, passed, by learned Additional Sessions Judge II, Lakhisarai, in Sessions Case No. 214 of 2013, whereby he has recorded acquittal of Opposite Party Nos. 2 and 3, is not maintainable, in view of the fact that the petitioner has remedy of appeal under proviso to Section 372 of the Code of Criminal Procedure, 1973.

Patna High Court CR. REV. No.147 of 2015 (3) dt.16-03-2017 2/2 Since the petitioner has remedy of appeal, this application cannot be maintained in view of provision under Section 401 (4) of the Code of Criminal Procedure, 1973, which reads thus:

"401 (4).- Where under this Code, an appeal lies and no appeal is brought, no proceeding by way of revision shall be entertained at the instance of the party who could have appealed."

This application is accordingly dismissed.

It goes without saying that the petitioner shall have the liberty of preferring appeal against the impugned judgment and order.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √