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Patna High Court – Orders
Chhathi Lal Yadav vs The State Of Bihar on 29 July, 2025
Author: Jitendra Kumar
Bench: Jitendra Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No.14 of 2020
Arising Out of PS. Case No.-66 Year-2004 Thana- ARA NAGAR District- Bhojpur
======================================================
Chhathi Lal Yadav Son Of Late Brahmdev Prasad Resident Of Meerachak,
P.S.- Ara Town, District- Bhojpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Nandji Yadav Son of Ramji Yadav Resident of Meerachak, P.S.- Ara Town,
District- Bhojpur
3. Lal Babu Yadav Son of Markat Yadav Resident of Meerachak, P.S.- Ara
Town, District- Bhojpur
4. Somaru Yadav Son of Markat Yadav Resident of Meerachak, P.S.- Ara
Town, District- Bhojpur
5. Dhurendra Yadav Son of Markat Yadav Resident of Meerachak, P.S.- Ara
Town, District- Bhojpur
6. Deo Kumar Yadav Son of Ram Kumar Yadav Resident of Meerachak, P.S.-
Ara Town, District- Bhojpur
7. Dhanlal Yadav Son of Lalu Yadav Resident of Meerachak, P.S.- Ara Town,
District- Bhojpur
8. Anil Yadav Son of Lilu Yadav Resident of Meerachak, P.S.- Ara Town,
District- Bhojpur
9. Hareram Yadav Son of Ram Kumar Yadav Resident of Meerachak, P.S.- Ara
Town, District- Bhojpur
10. Bhuwar Yadav Son of Ram Kumar Yadav Resident of Meerachak, P.S.- Ara
Town, District- Bhojpur
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Rajendra Nath Sinha, Advocate
For the State : Mr. Pranav Kumar, APP
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CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
3 29-07-2025
The present criminal revision petition has been
preferred by the petitioner against the judgment and order of
sentence dated 30.09.2019, passed by learned Fast Track Court-
1, Bhojpur at Ara in Sessions Case No. 184 of 2005, arising out
Patna High Court CR. REV. No.14 of 2020(3) dt.29-07-2025
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of Ara Town P.S. Case No. 66 of 2004, whereby learned Fast
Track Court-1, Bhojpur at Ara has convicted the opposite party
Nos. 2 to 10 under Section 323 of the Indian Penal Code but
acquitted them of charge under Sections 307, 452, 427, 379 and
506 of the Indian Penal Code. As such, this Criminal Revision
Petition has been filed against acquittal of the opposite party
Nos. 2 to 10.
2. The petitioner, being informant and victim, is
aggrieved by the judgment of part acquittal of the private
opposite parties No. 2 to 10.
3. This Court in Suman Devi Vs. State of Bihar &
Anr. as reported in 2025 SCC Online Pat 1862/
MANU/BH/0406/2025/AIR Online 2025 PAT 224 has
elaborately discussed the remedy available to the victim in case
of acquittal and as per this judgment, this Court has held that the
victim/petitioner has remedy to file Criminal Appeal to this
Court under the Proviso to Section 372 Cr.PC without any leave
or special leave. It has been further held that in view of Section
401(4) Cr.PC, Criminal Revision is not maintainable, because
when remedy of Criminal Appeal is available, Criminal
Revision is barred under Section 401(4) Cr.PC. However, under
Section 401 Cr.PC, this Court can convert the Criminal Revision
Patna High Court CR. REV. No.14 of 2020(3) dt.29-07-2025
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into Criminal Appeal and treat the same accordingly and decide
it on merit.
4. Accordingly, the present Criminal Revision petition
is converted into Criminal Appeal.
5. Office is directed to do necessary correction in the
Revision Petition as per law and list the Criminal Appeal before
the appropriate Bench with permission of Hon’ble the Chief
Justice.
(Jitendra Kumar, J.)
ravishankar/-
U T
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