Rekha Devi v. The State Of Bihar
Case brief
What is this about?
High Court held victim preferred Criminal Revision against appellate acquittal. Citing Joseph Stephen and Mallikarjun Kodagali, ruled victim has absolute right to appeal under Section 372 without leave. Upon Section 401(4) bar, converted Revision to Appeal for merit determination.
What did the court decide?
Criminal Revision petition converted into a Criminal Appeal. Petitioner listed before appropriate Bench to decide on merits.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL REVISION No.105 of 2019
Arising Out of PS. Case No.-49 Year-2012 Thana- MAHILA P.S. District- Kishanganj
======================================================
Rekha Devi wife of Sankar Gupta Resident of Hospital Road Gandhinagar, Police Station- Kishanganj, District- Kishanganj.
... ... Petitioner/s
- Versus
- The State Of Bihar
- Sangeeta Rai @ Babli @ Bobi Wife of Priyanath Rai Resident of Hospital Road Gandhi Nagar, P.S-Kishanganj, Dist.-Kishanganj
- Priyanath Rai @ Buddha Rai Son of Late Anath Bandhu Rai Resident of Hospital Road Gandhi Nagar, P.S-Kishanganj, Dist.-Kishanganj
... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Ranjeet Kr. Pandey, Amicus Curiae For the State : Mr. Upendra Kumar, APP For the O.P. Nos. 2 & 3 : Mr. Rohit Kumar, Advocate ======================================================
Issues for consideration
3 issues framed by the court
Whether a victim prefers Criminal Appeal under the Proviso to Section 372 CrPC without obtaining leave of the High Court.
Whether a Criminal Revision filed by a victim against an appellate acquittal is maintainable when the remedy of Criminal Appeal was available.
Whether Section 401(5) CrPC enables the High Court to convert a Criminal Revision into a Criminal Appeal to decide on merits.
Parties & counsel
- petitioner
Rekha Devi
- respondent
The State Of Bihar
- respondent
Sangeeta Rai
- respondent
Priyanath Rai
Coram
Case details
As recorded by the court registry
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