RAJINDER KUMAR Vs. CHUNI LAL
HIGH COURT OF JAMMU AND KASHMIR
Click here to view full 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.;
Copyright © Regent Computronics Pvt.Ltd.