MANOJ KUMAR SINGH Vs. NAVAL KISHORE SINGH

JUDGEMENT

(1.) This is an application under<ACT>Code of Criminal Procedure, 1973</ACT> <S>S.397</S> and <S>S.401</S>(in short 'the Code '). The informant (P.W.3) is the petitioner. It is directed against the judgment and order dated 12.6.1997 passed by Shri R.P. Thakur, Judicial Magistrate 1st Class, Purnea in by G.R.No.1209/96 by Tr. No. 1124/97 3 which the learned Magistrate acquitted opposite party nos. 1 to 3 of the charges framed under sections 365, 368 and 34 of the Indian Penal Code. These three opposite party (Nos. 1 to 3) figured as accused in the said case.

(2.) IT appears that on 25.6.1990 at about 2 P.M. while the informant (P.W.3) along with Raj Kishore Singh and Sanjai Kumar Mishra was at his residence opposite party no.3 Chunchun Singh came there and asked P.W.3 to arrange for a house on rent for his younger brother. P.W.3 along with Chunchun Singh went to Poddar lodge from where they went to K.P.Verma lodge. At both the places they could not get any vacant accommodation. After this Chunchun Singh informed P.W.3 that a house near Kali Asthan may be inspected and both of them moved in that direction. In the meantime 5 persons including opposite party nos. 1 and 2 came there and abducted P.W.3. They took him to a village south of Madhepura and threatened P.W.3 with a revolver. In the night between 25th and 26th day of June, 1990 P.W.3 was forcibly married to a girl at Village Tuniahi on the point of revolver. Ultimately on 27.6.1990 P.W.3 was rescued by Madhepura police and a case under sections 368, 363/34 of the Indian Penal Code was instituted. The police submitted charge sheet against the opposite party under these sections.

(3.) THE parties have been heard in detail on the various points raised in this petition. On behalf of the opposite party it has firstly been contended that this revision application filed by the informant is not maintainable since it is only the State which can file an appeal in the case of acquittal. In this connection it has been submitted that the present case was instituted on the FIR and the charge sheet has been submitted by the police and it is a police case so called popularly. In this connection my attention has been drawn to section 378 of the Code according to which in any suitable case the State Government may direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of acquittal by any court. It may be noted in this connection that this case was instituted on the basis of the F.I.R. lodged with the police in which a charge sheet has been submitted. This is not a case instituted on the basis of a complaint and, therefore, the provision of subsections (4) and (5) will not apply to the present case. In short it was the submission of the learned counsel for the opposite party that the informant has got no locus standi in the matter and he can not file revision application against the judgment of acquittal.