SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Arti Mishra vs The State Of Bihar on 29 January, 2020

IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.1103 of 2019
Arising Out of PS. Case No.-100 Year-2010 Thana- KHAJEKALA District- Patna

Arti Mishra D/O- Ashok Kumar Mishra Resident of Village- Near Kath ki
Devi Ji, P.S.- Khajekala, District- Patna.

… … Informant/Appellant
Versus

1. The State of Bihar

2. Savita Sharma D/o Late Kashinath Sharma Resident of Village- Bankey Rai,
Kuncha , Sadar Gali, P.S.- Khejekala, Dstt- Patna

3. Pramod Sharma S/o Late Kashinath Sharma Resident of Village- Bankey
Rai, Kuncha , Sadar Gali, P.S.- Khejekala, Dstt- Patna

4. Sohan Sharma S/o Late Kashinath Sharma Resident of Village- Bankey Rai,
Kuncha, Sadar Gali, P.S.- Khejekala, Dstt- Patna

5. Mohan Kumar Sharma S/o Late Kashinath Sharma Resident of Village-

Bankey Rai, Kuncha, Sadar Gali, P.S.- Khejekala, Dstt- Patna

6. Uma Sharma S/o Late Kashinath Sharma Resident of Village- Bankey Rai,
Kuncha ,Sadar Gali, P.S.- Khejekala, Dstt- Patna

… … Respondents

Appearance :

For the Appellant : Mr.Vijay Kumar Mishra, Advocate
For the Respondent : Mr.Abhimanyu Sharma, APP

CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH)
Date : 29-01-2020

Heard learned counsel for the appellant and

perused the office notes.

2. This appeal under the proviso to Section 372

of the Code of Criminal Procedure has been filed by the

appellant for setting aside the judgment dated 25.06.2019 passed

by the learned SDJM, Patna City in G.R. No.1711 of 2010

corresponding to Trial No. 5001 of 2019 whereby respondent
Patna High Court CR. APP (DB) No.1103 of 2019 dt.29-01-2020
2/2

nos. 2 to 6 have been acquitted from the charges under Section

498A and 3 and 4 of the Dowry Prohibition Act.

3. An appeal under the proviso to Section 372

of the Code of Criminal Procedure against the judgment of

acquittal passed by a court of Magistrate would lie before the

Sessions Judge and not before this Court.

4. In that view of the matter, the instant appeal

is not maintainable before this Court. Accordingly, it is

dismissed with liberty to the appellant that if so advised, he may

challenge the impugned judgment before the appropriate court

in accordance with law.

(Ashwani Kumar Singh, J)

( Partha Sarthy, J)

kanchan/-

AFR/NAFR NAFR
CAV DATE NA
Uploading Date 29.01.2020
Transmission Date 29.01.2020

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2020 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation