RAJINDER KUMAR Vs. CHUNI LAL
LAWS(J&K)-1999-2-23
HIGH COURT OF JAMMU AND KASHMIR
Decided on February 22,1999

RAJINDER KUMAR Appellant
VERSUS
CHUNI LAL Respondents

JUDGEMENT

- (1.) NOBODY appeared for petitioner. Case was called many a times but none appeared for petitioner.
(2.) THIS criminal revision is directed against the order of Sub Judge, Nowshera dated 30th May, 1998 whereby he has acquitted the accused person for the commission of offences under sections 427/452/147/323. An F. I. R. against the accused was registered on the complaint of present complainant and the challan was produced by the police under aforementioned offences against the accused persons. After recording the evidence, considering the matter in depth, learned trial court has acquitted the accused from all the charges. It is a private person who has now filed the present revision paying for quashing the order of acquittal passed by the Magistrate.
(3.) PRELIMINARY objections were raised by the learned counsel for the accused that the revision is not maintainable on the ground that the private persons have no locus standi to file an appeal or a revision in a State Case. This argument carries weight, for criminal offences are always committed against public in general and it is the State which is aggrieved party and not the private person. Private person cannot be allowed to wreck vengeance on the accused under the garb of criminal case. It is the State which is custodian of interests and rights of the community at large. So private person even though permitted by the Public Prosecutor to file a revision has been declared by the Apex Court to have no locus standi to do that. See Kishan Swaroop vs. Govt. of NCT of Delhi , AIR 1998 SC 990. For these reasons, therefore, criminal revision is dismissed.;


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