RAM AYODHYA SINGH Vs. STATE

JUDGEMENT

(1.) THIS petition for seeking relief to file an appeal against the order of acquittal recorded by 9th Additional Sessions Judge, Saran at Chapra in Cr. Appeal No. 94/99. Conviction was arrived at against the Opposite parties by the Sub -Divisional Judicial Magistrate, Chapra in Trial No. 189/99 arising out of complaint case No. 74/93 but against conviction appeal was preferred by the Opposite parties being Criminal Appeal No. 94/99. It appears that although complainant was made a party in the appeal but he was not heard. Moreover although there was a reference to the compromise petition filed in between the parties in the appeal no order has been passed on that compromise petition on the ground that the same has not been passed rather the appeal was heard on merit.

(2.) CONSIDERING the circumstances as mentioned above the order passed by the learned appellate court i.e. 9th Additional Sessions Judge, Saran at Chapra in Cr. Appeal no. 94/99 is hereby set aside and the matter is sent back to the learned appellate court to consider the compromise petition filed in presence of both the parties and if it is found that the compromise has not yet been arrived at and no permission can be granted in respect of the offence relating to Section 452 of the I.P.C. (although all the sections were cornpoundable) then the trial court shall hear the appeal on merit after giving opportunity to both the parties to place their cases before the appellate court.