Madhya Pradesh High Court
Vajir Mohammad Khan vs The State Of Mp on 31 July, 2025
Author: Dinesh Kumar Paliwal
Bench: Dinesh Kumar Paliwal
NEUTRAL CITATION NO. 2025:MPHC-JBP:35376
1 CRR-731-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
ON THE 31st OF JULY, 2025
CRIMINAL REVISION No. 731 of 2023
VAJIR MOHAMMAD KHAN
Versus
THE STATE OF MP AND OTHERS
Appearance:
Shri Amanulla Usmani, counsel for the applicant.
Shri S.K.Gupta, P.L. for respondent No.1/State.
ORDER
This revision petition has been filed by the applicant/ complainant
under Section 397/401 of Cr.P.C. being aggrieved by the judgment dated
22.11.2022 passed by JMFC, Lakhnadon District Seoni in RCT
No.1232/2012, whereby respondents No.2 to 5 have been acquitted for
commission of offence under section 294,506-II and 325/149 of IPC.
2. Learned counsel for the applicant/ complainant contends that the matter
was not properly investigated as investigating agency failed to file the X-ray
plate of the complainant before the trial court and the trial court has not
considered the provisions of section 165 of the Evidence Act. Therefore, it is
prayed that this revision be allowed and respondents No.2 to 5 be directed to
be retried.
3. On the other hand learned counsel for the State has opposed this revision
and has submitted that proviso to section 372 Cr.P.C provides that victim
shall have a right to prefer an appeal against any order passed by the court
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2 CRR-731-2023
acquitting the accused or convicting for a lesser offence or imposing
inadequate compensation, and such appeal shall lie to the court which an
appeal ordinarily lies against the order of conviction of such court.
4. I have heard learned counsel for the parties and perused material
available.
5. Section 372 of the Cr.P.C reads as under :-
Section 372 : No appeal to lie unless otherwise provided.
No appeal shall lie from any judgment or order of a Criminal Court
except as provided for by this Code by any other law for the time being in
force:
[Provided that the victim shall have a right to prefer an appeal against
any order passed by the Court acquitting the accused or convicting for a
lesser offence or imposing inadequate compensation, and such appeal shall
lie to the Court to which an appeal ordinarily lies against the order of
conviction of such Court.]
6. A perusal of aforesaid provision makes it clear that victim of the offence
has right to file appeal in case of acquittal of the accused or conviction for a
lesser offence or imposing inadequate compensation and in such cases appeal
shall lie before the court of sessions. As against the judgment of acquittal or
conviction by the court of JMFC, appeal lie before the Court of sessions,
therefore, applicant/complainant is required to file appeal before the Court of
sessions and not revision. If investigation was shoddy or investigating
agency had concealed any fact that issue had to be raised before the trial
court first. But it is apparent that such issue was never raised before the trial
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court. It is for the very first time that after acquittal of respondents No.2 to 5
this question is raised before this court. The powers of revision of Court of
Sessions and High Court are concurrent. Therefore, if applicant/
complainant had any objection, he should have raised that objection before
the court of first instance. He cannot be permitted to directly approach the
High Court taking recourse that investigating agency has failed to properly
investigate the matter and failed to adduce x-ray plate before it.
7. Therefore, this revision being not maintainable is dismissed. However,
applicant/complainant shall be at liberty to approach the appropriate forum in
accordance with the provisions of relevant law.
(DINESH KUMAR PALIWAL)
JUDGE
MKL
