In this criminal revision, the Patna High Court examined whether to interfere with an acquittal of five accused persons in a criminal trial. Finding no illegality, the High Court dismissed the petition, upholding the lower court's decision to acquit.
Criminal Revision No.1640 of 2009 stands dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.1640 of 2009
===================================================== Md. Ismail, son of Late Ibrahim at present resident of MohallaDamariya, Police Station-Gardanibagh, District-Patna. .... .... Petitioner. Versus 1. The State of Bihar. 2. Md. Sakil, son of Late Md. Nasim. 3. Md. Mokim, son of Late Md. Nasim. 4. Chandan, son of Late Md. Nasim. 5. Afroj, son of Late Md. Nasim. 6. Md. Sahare, son of Md. Piyare. All resident of Mohalla-Damaria, Police Station-Gardanibagh, District-Patna. .... .... Opposite parties. ===================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ----------
6 22-01-2013 Heard.
The petitioner has preferred this Criminal Revision against the Judgment and Order dated 15.6.2009 passed by the court of Sri Habibullah, Judicial Magistrate, Ist Class, Patna, in Gardanibagh P.S. Case No.118 of 2000/G.R. No.801 of 2000 corresponding to Trial No.200 of 2009, whereby the learned Judicial Magistrate acquitted the opposite party nos.2 to 6, namely, Md. Sakil, Md. Mokim, Chandan, Afroj and Md. Sahare, respectively of the charges under Sections 341, 323, 324 and 379 of the Indian Penal Code, while convicted Md. Akil for the charges under Sections 323 and 379 of the Indian Penal Code and sentenced him to undergo imprisonment for six months for the
Patna High Court CR. REV. No.1640 of 2009 (6) dt.22-01-2013
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offence under Section 323 of the Indian Penal Code and to undergo rigorous imprisonment for one year for the offence under Section 379 of the Indian Penal Code.
From perusal of the impugned Judgment and Order, I find no illegality for interference with the same in revisional jurisdiction. Accordingly, this Criminal Revision stands dismissed.
(Rajendra Kumar Mishra, J)
P.S./-
1 issue framed by the court
Whether the Criminal Revision against the acquittal of accused persons by the Judicial Magistrate warrants interference under revisional jurisdiction.
2 provisions across 1 enactments
Md. Ismail
The State of Bihar
Md. Sakil
Md. Mokim
Chandan
Afroj
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
