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Patna High Court

SHABANA PRAVEENversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The revision petition is dismissed as there is no ground for interference under the supervisory jurisdiction of the High Court.

Summary

Shabana Praveen filed a revision petition challenging the acquittal of respondents Firoz Ahmad Khan and Nazia Parween by the trial court, which was upheld by the appellate court. The petition alleged that the lower courts erred in acquitting the accused on charges under IPC sections 420, 387, 354 and 120B. The High Court examined its revisional jurisdiction under Sections 397 and 401 of the Criminal Procedure Code, emphasizing that it is supervisory and not a substitute for an appeal, and may intervene only in exceptional cases of miscarriage of justice. After reviewing the material, the Court found no illegality, perverse finding, or procedural flaw in the impugned judgment. Consequently, the Court held that there was no ground for interference and dismissed the revision petition on its merits.

Issues considered

  • Whether the High Court can set aside the acquittal under its revisional jurisdiction under Sections 397 and 401 CrPC
  • Whether any of the exceptional situations justifying revision, such as illegality, perverse appreciation of evidence, or miscarriage of justice, are present in the present case

Legislation cited

Subjects

  • revision jurisdiction
  • supervisory jurisdiction
  • Criminal Procedure Code
  • acquittal
  • miscarriage of justice
  • high court review
  • IPC sections 420, 387, 354, 120B

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    CRIMINAL REVISION No.1542 of 2019
                     Arising Out of PS. Case No.-267 Year-2012 Thana- BETTIAH CITY District- West
                                                       Champaran
                 ======================================================
                 Shabana Praveen D/o- Safaur Rahman, Resident of Village- Mahawat Toli,
                 Ward No. 35, P.S.- Bettiah Town, District- West Champaran.

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Firoz Ahamad Khan S/o- Isteyaq Ahmad, Resident of Village- Chhawani,
                 P.S.- Bettiah Nagar, District- West Champaran.
           3.    Nazia Parween D/o- Qunain, Resident of Village- Chhawani, P.S.- Bettiah
                 Nagar, District- West Champaran.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Nafisuzzoha, Advocate
                 For the State           :        Mr. Chandra Sen Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                                       ORAL ORDER

7   18-06-2026                   Learned counsel for the petitioner has removed all the

                   defects, however, he has not paid the cost of Rs.1,000/-. But he

                   submits that the petitioner is not in a position to pay the cost.

                                 2. In view of the incapacity of the petitioner to pay the

                   cost, the cost is waived off.

                                 3. Now the case is matured for hearing on admission.

                                 4. Heard learned counsel for the petitioner on

                   admission.

                                 5. The present revision petition has been preferred

                   against the impugned judgment dated 12.07.2019 passed by
Patna High Court CR. REV. No.1542 of 2019(7) dt.18-06-2026
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          learned Additional Sessions Judge-II, West Champaran at

          Bettiah, whereby learned Appellate Court has upheld the

          judgment of acquittal passed by learned Judicial Magistrate Ist

          Class, West Champaran at Bettiah in G.R. Case No. 1644 of

          2012, Criminal Trial No. 516 of 2018 arising out of Bettiah

          Town P.S. Case No. 267 of 2012, whereby learned Trial Court

          has acquitted the Respondent Nos. 2 and 3 of all the charges

          framed under Sections 420, 387, 354 and 120B of the Indian

          Penal Code.

                       6. I heard learned counsel for the petitioner and

          learned A.P.P. for the State and perused the material on record.

                    Extent and Scope of Revisional Jurisdiction of
                                  the High Court

                      7. Before I proceed to consider the rival submission of

          the parties, it is desirable to see the extent and scope of

          revisional jurisdiction of High Court. As per the statutory

          provisions and judicial precedents, it is settled principle of law

          that the revisional jurisdiction conferred upon the High Court is

          a kind of paternal or supervisory jurisdiction under Section 397

          read with Section 401 Cr.PC in order to correct the miscarriage

          of justice arising out of judgment, order, sentence or finding of

          subordinate Courts by looking into correctness, legality or

          propriety of any finding, sentence or order as recorded or passed
Patna High Court CR. REV. No.1542 of 2019(7) dt.18-06-2026
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          by subordinate Courts and as to the regularity of any proceeding

          of such inferior Courts.

                          8. However, the exercise of revisional jurisdiction

          by the High Court is discretionary in nature to be applied

          judiciously in the interest of justice.

                          9. Under revisional jurisdiction, the High Court is

          not entitled to re-appreciate the evidence for itself as if it is

          acting as a Court of appeal, because revisional power cannot be

          equated with the power of an Appellate Court, nor can it be

          treated even as a second appellate jurisdiction. Hence,

          ordinarily, it is not appropriate for the High Court to re-

          appreciate the evidence and come to its own conclusion on the

          same when the evidence has already been appreciated by the

          Trial and Appellate Court, unless there are exceptional situations

          like glaring error of law or procedure and perversity of finding,

          causing flagrant miscarriage of justice, brought to the notice of

          the High Court. Such exceptional situations have been

          enumerated by Hon’ble Apex Court on several occasions which

          are as follows:-

                          (i) when it is found that the trial court has no

          jurisdiction to try the case or;

                          (ii) when it is found that the order under revision

          suffers from glaring illegality or;
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                          (iii) where the trial court has illegally shut out the

          evidence which otherwise ought to have been considered or;

                          (iv) where the judgment/order is based on

          inadmissible evidence, or;

                          (v) where the material evidence which clinches the

          issue has been overlooked either by the Trial Court or the

          Appellate Court or;

                          (vi) where the finding recorded is based on no

          evidence or;

                          (vii) where there is perverse appreciation of

          evidence or;

                          (viii) where the judicial discretion is exercised

          arbitrarily or capriciously or;

                          (ix) where the acquittal is based on a compounding

          of the offence, which is invalid under the law.

                        10. However, it has been cautioned by Hon’ble

          Supreme Court that the aforesaid kinds of situations are

          illustrative and not exhaustive.

                        11. Here, one may refer to the following judicial

          precedents:

                       (i) Akalu Ahir and Ors. vs Ramdeo Ram
                                    (1973) 2 SCC 583
                       (ii) K. Chinnaswami Reddy vs State of A.P.
                                     1962 SCC Online SC 32
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                     (iii) Duli Chand Vs Delhi Administration
                                    (1975) 4 SCC 649
                     (iv) Janta Dal Vs H.S. Chowdhary & Ors.
                                     (1992) 4 SCC 305
                     (v) Vimal Singh Vs Khuman Singh & Anr.
                                   (1998) 7 SCC 323
                     (vi) State of Kerala Vs. Puttumana I. J. Namboodiri
                                   (1999) 2 SCC 452
                     (vii) Thankappan Nada & Ors. Vs. Gopala Krishnan
                                   (2002) 9 SCC 393
                     (viii) Jagannath Chaudhary Vs. Ramayan Singh
                                    (2002) 5 SCC 659
                     (ix) Bindeshwari Prasad Singh @ B.P. Singh & Ors.
                  Vs. State of Bihar (Now Jharkhand) & Anr.
                                    (2002) 6 SCC 650
                     (x) Manju Ram Kalita v. State of Assam
                                    (2009) 13 SCC 330
                     (xi) Amit Kapoor v. Ramesh Chander
                                    (2012) 9 SCC 460
                     (xii) Ganesha Vs. Sharanappa & Anr.
                                     (2014) 1 SCC 87
                     (xiii) Shlok Bhardwaj v. Runika Bhardwaj & Ors.
                                     (2015) 2 SCC 721
                     (xiv) Sanjaysinh R. Chavan Vs. D. G. Phalke
                                     (2015) 3 SCC 123
                     (xv) Malkeet Singh Gill v. State of Chhattisgarh
                                     (2022) 8 SCC 204

                                              Present Case

                       12. Now coming to the case on hand, I find that

          learned counsel for the petitioner is unable to show any ground

          for interference by this Court in the impugned judgment. I do

          not find any illegality, impropriety or perversity of any finding

          in the impugned judgment.
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                                  13. Hence, the present revision petition is dismissed

                     on merit.


                                                                   (Jitendra Kumar, J.)
ravishankar/-
U       T


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