Smt.Shyam Bai vs Nathuram & Ors.
2023 Latest Caselaw 57 MP

                                                           1
                           IN    THE      HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                    BEFORE
                                  HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
                                             ON THE 2 nd OF JANUARY, 2023
                                          CRIMINAL REVISION No. 1166 of 2001

                          BETWEEN:-
                          SMT.SHYAM BAI, W/O NATHURAM AHIRWAR, AGED
                          ABOUT 32 YEARS, R/O VILLAGE CHANDERA P.S.
                          LIDHORA, DISTT. TIKAMGARH (MADHYA PRADESH)

                                                                                       .....APPLICANT
                          (NONE )

                          AND
                          1.    NATHURAM S/O       JAGOLA      AHIRWAR,   AGED
                                ABOUT 32 YEARS,

                          2.    JAGOLE S/O BANGLI AHIRWAR, AGED ABOUT 55
                                YEARS,

                          3.    SMT. RAMPYARI W/O JAGOLE AHIRWAR, AGED
                                ABOUT 52 YEARS,
                                ALL R/O VILLAGE GHUGHASHI P.S. NIWADI,
                                DISTRICT TIKAMGARH (MADHYA PRADESH)

                          4.    THE STATE OF M.P. THROUGH P.S. NIWADI,
                                DISTRICT TIKAMGRAH (MADHYA PRADESH)

                                                                                   .....RESPONDENTS
                          (NONE FOR RESPONDENTS NO.1 TO 3.
                          SHRI S. K. YADAV - DY. GOVT. ADVOCATE FOR RESPONDENT NO.4/
                          STATE )

                                Th is revision coming on for hearing this day, th e court passed the
                          following:
                                                           ORDER

This revision under Section 397/ 401 of Cr.P.C. has been filed against judgment and order of acquittal dated 27.8.2001 passed by the J.M.F.C., Signature Not Verified Signed by: DEEPA MISHRA Signing time: 1/3/2023 12:22:13 PM

Niwadi, District Tikamgarh, in Criminal Case No.703/1998 ( State of M.P. Vs. Nathuram Ahirwar and others), whereby respondents No.1 to 3 have been acquitted of the offences under Section 498A and 494 of IPC by learned JMFC.

2. Against an order of acquittal in 2001, State was empowered to file criminal appeal under Section 378 of Cr.P.C. As no criminal appeal has been filed by the State, this criminal revision under Section 397/401 of Cr.P.C. for setting aside the judgment of acquittal is not maintainable.

3. Hence, the same being not maintainable, is dismissed.

(DINESH KUMAR PALIWAL) JUDGE mrs. mishra

Signature Not Verified Signed by: DEEPA MISHRA Signing time: 1/3/2023 12:22:13 PM