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Rinki Devi vs Durga Paswan & Anr on 5 December, 2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.1026 of 2006
Arising Out of PS.Case No. -0 Year- null Thana -null District- GAYA

Rinki Devi, daughter of Basdev Prasad, resident of Village Parshohda, PS Guraru,
District Gaya
…. …. Petitioner
Versus

1. Durga Paswan, son of Shiv Nandan Paswan, resident of Village Parshohda, PS
Guraru, District Gaya

2. State of Bihar

…. …. Respondent/s

Appearance :

For the Petitioner : Mr. Rajendra Kishore Prasad
Mr. Manojeshwar Pd.Sinha
Mr. Anil Kumar Saxena

For the State : Mr. Parmeshwar Mehta, APP

CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR
ORAL JUDGMENT
Date: 05-12-2017

The petitioner, the informant of G.R. Case No. 1949 of 1998,

being aggrieved by the judgment dated 28.8.2006 passed by the Additional

Sessions Judge, FTC IInd, Gaya, affirming the conviction under Sections

452 and 354 of the IPC passed by the trial court, modified the sentence of

imprisonment and in view of the compromise released the accused person

(respondent No. 1 of this case) on furnishing bond under Section 4 of the

Probation of Offenders Act, 1958. The trial court had awarded the

sentence of rigorous imprisonment for three years for committing the

offence under Section 452 IPC and fine of Rs. 500/- and two years of

rigorous imprisonment for committing the offence under Section 354 IPC
Patna High Court CR. REV. No.1026 of 2006 dt.05-12-2017 2

and in case of default in making payment of fine to further undergo simple

imprisonment for three months.

2. Learned Counsel appearing on behalf of the petitioner

submits that the compromise petition relied upon by the appellate court is

a forged document as the petitioner never put her LTI on the compromise

petition, so a substantive punishment should be awarded to the accused –

respondent No. 1.

3. Learned Counsel appearing on behalf of the State submits that

the matter relates to enquiry.

4. Having considered the rival submission and on perusal of the

record it appears that the petitioner is making allegation of false statement

or declaration relating to compromise in between the parties before the

appellate court. In view of Section 195 Cr.P.C. there is provision relating

to prosecution for contempt of lawful authority of public servants, for

offences against public justice and for offences relating to documents

given in evidence. When such prosecution is to be launched there is

provision in Chapter XVI of the Code of Criminal Procedure in view of

Section 340 Cr.P.C. to make preliminary enquiry in this regard. It cannot

be decided in the revisional jurisdiction whether the compromise petition

relied upon by the appellate court was a forged document produced before

the Court as claimed by the petitioner. Only after preliminary enquiry as

contemplated the Court may record a finding in view of said provision.

5. This revision application is accordingly disposed of with the

observation that the petitioner may file a petition under Section 340 of the
Patna High Court CR. REV. No.1026 of 2006 dt.05-12-2017 3

Code of Criminal Procedure before the concerned appellate court for

making preliminary enquiry under Section 340 of the Code of Criminal

Procedure and to record a finding in this regard.

(Arun Kumar, J.)

Snkumar/-

AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 11.12.2017
Transmission 11.12.2017
Date

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