Ram Kumar vs State Of U.P. And 2 Others
2022 Latest Caselaw 789 ALL

Citation : 2022 Latest Caselaw 789 ALL
Judgement Date : 7 April, 2022

Allahabad High Court

Ram Kumar vs State Of U.P. And 2 Others on 7 April, 2022

Bench: Dinesh Kumar Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 12
 

 
Case :- CRIMINAL REVISION No. - 348 of 2018
 

 
Revisionist :- Ram Kumar
 
Opposite Party :- State Of U.P. And 2 Others
 
Counsel for Revisionist :- Shailesh Kumar Srivastava
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Dinesh Kumar Singh,J.

1. The present revision under Section 397 read with Section 401 Cr.P.C. has been filed against the judgment and order dated 24.1.2018 passed by the Additional Sessions Judge, Pratapgarh in Session Trial No.96 of 2011, arising out of Case Crime No.19 of 2008, under Sections 323, 325/34, 504, 506, 308/34 IPC, Police Station Lalganj, District Pratapgarh, whereby the trial court has acquitted accused-respondent nos.2 and 3 of the aforesaid offences.

2. Mr. Ran Vijay Singh, learned AGA has submitted that in view of the amendment in Section 372 Cr.P.C. w.e.f. 31.12.2009, the victim has been conferred with the right to prefer an appeal against any order passed by the court acquitting the accused, or convicting for lesser punishment, or for inadequate compensation. Since there is a statutory remedy of appeal now provided in favour of the victim/complainant, this revision may be dismissed with liberty to the revisionist to prefer an appeal under Section 372 Cr.P.C.

3. I have considered the submissions advanced on behalf of the learned counsel for the revisionist as well as by the learned AGA and perused the record.

4. I am of the view that contention of Mr. Ran Vijay Singh, learned AGA has force in view of the amendment in Section 372 Cr.P.C., the victim/complainant has a right to file an appeal and, therefore, the present revision is dismissed with liberty to the revisionist to file an appeal under Section 372 Cr.P.C.

5. Certified copy of the impugned judgment and order shall be handed over to the learned counsel for the revisionist after retaining photocopy thereof.

(Dinesh Kumar Singh, J.

Order Date :- 7.4.2022

Rao/-