S.T.P. Ltd. Through Its ... vs The State Of Jharkhand
2023 Latest Caselaw 1840 Jhar

         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                  Cr. Revision. No. 271 of 2009

              S.T.P. Ltd. Through its authorized Shri Hari Das Chatterjee
                                                    ...     ...              Petitioner
                                                    - Versus -
              1. The State of Jharkhand
              2. Budhdeo Dwari                            ...    ... Opposite Parties
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CORAM: - HON'BLE MR. JUSTICE AMBUJ NATH

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For the Petitioner : M/s. H. K. Shikarwar, Advocate : M/s. M. K. Singh, Advocate For the State : A.P.P For the O.P. No.2 : M/s. A. D. Singh, Advocate : M/s. Anurag Kumar, Advocate

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13/01.05.2023 The petitioner S.T.P. Ltd., through its authorized Shri Hari Das Chatterjee has preferred this application against the judgment of acquittal dated 22.12.2008, passed by Sri Shailendra Kumar learned J.M.F.C, Jamshedpur in connection with G. R. Case No. 957/1997, whereby and wherein the learned J.M.F.C, Jamshedpur acquitted the opposite party no. 2 Budhdeo Dwari from charges under sections 477A/ 468/ 120B and 488 of the Indian Penal Code.

Section 378 (2) of the Cr.P.C. provides that Save as otherwise provided under Sub-Section (2) and subject to the provisions of Sub- Sections (3) and (5) appeal will lie before the court of sessions, from an order of acquittal passed by Magistrate in respect of Cognizable and non bailable offence.

In view of the specific provision under sections 378 (2) no revision will lie before this court, rather an appeal will lie before the court of sessions.

Considering this aspect, learned lawyer for the petitioner seeks permission to withdraw this application with a leave to file criminal Appeal before the appropriate court.

Prayer is allowed.

This Criminal Revision Application is dismissed as withdrawn.

(Ambuj Nath, J.) Saurabh