Manju vs State Of U.P.
2022 Latest Caselaw 20993 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 31
 

 
Case :- CRIMINAL REVISION No. - 500 of 2008
 

 
Revisionist :- Manju
 
Opposite Party :- State of U.P.
 
Counsel for Revisionist :- Anoop Srivastava Ii
 
Counsel for Opposite Party :- Govt. Advocate,Munni Lal
 

 
Hon'ble Mohd. Aslam,J.

None present for the revisionist. Sri Hari Shankar Maurya, learned A.G.A. for the State.

From perusal of the record shows that the judgment and order of acquittal was passed in Case No.227 of 2008 (Manju Vs. Ram Sagar and others), which was instituted upon complaint.

The instant revision has been preferred on behalf of the complainant/revisionist against the impugned judgment and order of acquittal dated 19.8.2008 passed by learned Additional Chief Judicial Magistrate, Court No.2, Unnao, by which the accused-respondent nos.2 to 6 were acquitted from the charges of offence punishable under Sections 498A I.P.C. and 3/4 of Dowry Prohibition Act, Police Station Safipur, District Unnao.

None present on behalf of the revisionist to press this revision.

Learned A.G.A. has opposed this revision and has submitted that the present revision is not maintainable as the same has been preferred against the order of acquittal, which was passed in a complaint case. He has further submitted that the appropriate remedy for filing appeal is provided under Section 378(4) of Cr.P.C. with application for leave to appeal in complaint case.

I have gone through the record and the provision of Section 378(3) & (4) of Cr.P.C.

Section 378(3) & (4) of the Code of Criminal Procedure speaks as follows:-

"(3) [No appeal to the High Court] under sub-section (1) or sub-section (2) shall be entertained except with the leave of the High Court.

(4) If such an order of acquittal is passed in any case instituted upon complaint and the High Court, on an application made to it by the complainant in this behalf, grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court."

In view of above, it is quite clear that against the order of acquittal passed in complaint case, the complainant has right to prefer appeal under Section 378(4) of Cr.P.C. with application for leave.

In such circumstances, where the right of appeal has been provided under Section 378(4) of Cr.P.C., the revision is not maintainable. Accordingly, the instant revision is dismissed being not maintainable.

Order Date :- 14.12.2022

Anil K. Sharma