BRAJESH KUMAR Vs. BHUPENDRA SINGH ALIAS UPENDRA

JUDGEMENT

(1.) HEARD Mr. devendra Kumar Sinha, learned Counsel appearing on behalf of the petitioner and Mr. Ram Kumar Sharma, learned Counsel appearing on behalf of the opposite parties.

(2.) THIS revision application is directed against the judgment of acquittal under Section 232 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') dated 13 -5 -1993 whereby and whereunder the opposite parties have been acquitted.

(3.) LEARNED Counsel appearing on behalf of the petitioner submitted that the learned trial Court without exhausting the procedures laid down under the Code passed the judgment impugned. Learned Counsel further submitted that there is nothing on record to show that summonses or warrants of arrest issued against the prosecution witnesses were ever served or service return was available on record showing service of summons/warrants of arrest upon the prosecution witnesses. Learned Counsel, therefore, submitted that the judgment impugned is wholly without jurisdiction and is not sustainable in law. In support of this proposition, learned Counsel appearing on behalf of the petitioner relied upon the cases of Mi. Yasin and Ors. v. The State AIR 1954 Patna 437 and Shiv Charan Yadav v. State of Bihar and Ors. 1989 Crl. L.J. 1675.