Amar Singh vs State of Punjab

Amar Dutt, J.

This revision petition is directed against the order dated 5.12.1998 passed by the Sub Divisional Judicial Magistrate, Dhuri, acquitting Amar Singh son of Lal Singh and his two sons Bikkar Singh and Gurmeet Singh of the charge under Sections 324/34 IPC, which had been framed against them.

The case against the respondents had been initiated on the basis of an FIR 116 dated 29.5.1995 registered against them under Sections 324/34 IPC, in Police Station Dhuri at the behest of the petitioner. The trial Court had given the accused the benefit of doubt and the State has not filed any appeal against the acquittal. In revision, the main grouse evinced by the petitioner is that the evidence has not been properly appreciated. In K. Chinnaswamy Reddy v. State of Andhra Pradesh, AIR 1962 SC 1788 and Krishan Swaroop v. Govt. of NCT of Delhi, AIR 1998 SC 990 : 1998(3) RCR(Crl.) 137 , the Apex Court, while dwelling upon the revisional jurisdiction in revisions filed by the complainant in a challan case, has restricted the jurisdiction of this Court and observed as under :

"It is true that it is open to a High Court in revision to set side an order of acquittal even at the instance of private parties, though the State may not have thought fit to appeal but this jurisdiction should in our opinion be exercised by the High Court only in exceptional cases, when there is some glaring defect in the procedure or there is a manifest error on a point of law and consequently there has been a flagrant miscarriage of justice."

In this view of the matter, there is no merit in this revision and the same is dismissed.

Revision dismissed.