STATE OF GUJARAT Vs. VISHVAS BRIJESHVAR TYAGI

JUDGEMENT

(1.) The criminal revision application is at the instance of the original first informant (victim). Whereas the special criminal application under Article 227 of the Constitution of India is at the instance of the State of Gujarat. In both the matters, the challenge is to the legality and validity of the judgment and order passed by the Additional Sessions Judge, Mehsana, dated 9th June 2015, by which the learned Sessions Judge dismissed the Criminal Appeal No.38 of 2013 filed by the victim against the judgment and order of acquittal dated 13th May 2013 passed by the Judicial Magistrate First Class, Bahucharaji in the Criminal Case No.425 of 2008 and also the judgment and order passed by the Additional Sessions Judge, Mehsana dated 9th June 2015 by which the Sessions Judge dismissed the Criminal Appeal No.47 of 2013 filed by the State.

(2.) It appears from the materials on record that the revisionist, namely, Manjulika Virendrakumar Tyagi initiated proceedings against her husband and her in laws for the offence punishable under Sections 498A, 323, 504, 506(2) read with 114 of the Indian Penal Code and Sections 3 and 7 of the Dowry Prohibition Act. The Trial Court, after due appreciation of the evidence on record, acquitted all the three accused of all the charges. The acquittal appeal filed by the victim before the Appellate Court also came to be dismissed. It appears that the State of Gujarat also preferred an acquittal appeal against the judgment and order of acquittal passed by the Trial Court and the same came to be dismissed.

(3.) In such circumstances referred to above, both, the original first informant as well as the State of Gujarat are here before this Court with their respective petitions.