Chandrasen & 4 Others vs State Of U.P. & Another
2017 Latest Caselaw 2954 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 48
 

 
Case :- CRIMINAL REVISION No. - 2161 of 2017
 

 
Revisionist :- Chandrasen & 4 Others
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Revisionist :- Satya Prakash Srivastava,Ashish Srivastava
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

Heard learned counsel for the revisionists, learned A.G.A. for the State and perused the record.

Learned counsel for the revisionists submits that as per Section 378(4) Cr.P.C. the lower appellate court has no jurisdiction to entertain the appeal against the acquittal order passed in case instituted upon complaint case and as such judgement dated 9.5.2017 passed by lower appellate court is beyond jurisdiction and as such is not sustainable in the eye of law.

Learned  A.G.A. has accepted notice on behalf of State.

Issue notice to the opp. party no. 2 returnable at an early date.

List after service of notice upon the opp. party no. 2.

Till the next date of listing further proceedings of complaint case no. 569 of 2010, Smt. Shanti Devi  Vs.Chandrasen and other under section 452, 323, 504 I.P.C. Police Station Meerganj District Bareilly pending before A.C.J.M. III, Bareilly shall remain stayed.

Order Date :- 3.8.2017

Gss