- (1.) The instant Govt. Appeal has been filed on 8.6.2001 by the appellant, State through Superintendent of Police, C.B.I., Ranchi against the order dated 14.12.2000 passed by the Special Judicial Magistrate (C.B.I.)-cum-S.D.J.M.Ranchi. The counsel of the appellant Mr.Rajesh Kumar submits that the accused respondent namely M.L. Paul had filed an appeal (Cr. Appeal No. 4 of 2001) against the aforesaid order in the court of 6th Additional Judicial Commissioner, Ranchi who after hearing both the parties, by his judgment dated 6.6.2001 dismissed the appeal with certain modification in the sentence of imprisonment awarded by the trial court. It is further submitted that the present appellant has also preferred a Cr.Rev. No. 366 of 2001 against the aforesaid judgment dated 6.6.2001 passed by the appellate court.
(2.) From the record, I find that the appellant has filed this Govt. Appeal on 8.6.2001 against the judgment dated 14.12.2000 passed by the Special Judicial Magistrate (C.B.I.)-cum-S.D.J.M.-Ranchi. The accused-opposite party preferred a Cr. Appeal No. 4 of 2001 before the 6th Additional Judicial Commissioner, Ranchi against the aforesaid judgment and the present appellant has also appeared and contested the said Criminal Appeal and ultimately the said Criminal Appeal was disposed with certain modification in sentence on 6.6.2001. Therefore, it is clear that the present appellant has filed this case after disposal of the Criminal Appeal No. 4 of 2001. As the appellant has also preferred the Cr. Rev. No. 366 of 2001 against the aforesaid judgment dated 6.6.2001 passed in Criminal Appeal No. 4 of 2001 by the 6th Additional Judicial Commissioner, Ranchi before this court, the Govt. Appeal has now become infructuous. Accordingly, the Govt. Appeal is dismissed as infructuous. Cr. Rev. No. 366 of 2001
(3.) The petitioner (State through Superintendent of Police C.B.I., Ranchi) has filed the instant revision application against the judgment dated 6.6.2001 passed by the 6th Additional Judicial Commissioner, Ranchi whereby the appellate court has dismissed the criminal appeal with certain modification in sentence of imprisonment awarded to the accused-opposite party.;