JAGDISHBHAI PARTHIBHAI BAROTversusSTATE OF GUJARAT
- Disposal
- 28-REJECTED @ ADM.STAGE
- Bench
- GITA GOPI
Holding
The High Court cannot convert an acquittal into a conviction under Section 442(3) of the BNSS Act.
Summary
The accused were acquitted by a magistrate on charges under the IPC and Motor Vehicles Act. The complainant appealed, but the Sessions Court affirmed the acquittal. The complainant then filed a criminal revision under Section 442 of the Bharatiya Nyaya Suraksha Sanhita, 2023, seeking to set aside the acquittal. The High Court examined Section 442(3) of the BNSS Act, which expressly prohibits the court from converting an acquittal into a conviction. Accordingly, the Court held that it lacked authority to alter the finding of acquittal. The revision application was therefore dismissed.
Issues considered
- Whether the High Court, under Section 442 of the BNSS Act, can convert a finding of acquittal into a conviction in a revision application.
Legislation cited
- Indian Penal Code, 1860s. 279, s. 304A, s. 337, s. 338
- Motor Vehicles Acts. 134, s. 177, s. 184
Subjects
Judgment
R/CR.RA/160/2025 ORDER DATED: 27/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST ACQUITTAL) NO. 160
of 2025
==========================================================
JAGDISHBHAI PARTHIBHAI BAROT
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR HIMANSU M PADHYA(1611) for the Applicant(s) No. 1
MR PRANAV DHAGAT APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 27/04/2026
ORDER
1. The accused came to be acquitted by an order dated
23.07.2024 passed by the learned 6th Additional Chief Judicial
Magistrate, Palanpur at Banaskantha for the offences under
Sections 279, 304A, 337, 338 of the Indian Penal Code (for
short, ‘I.P.C’) and Sections 177, 184, 134 of the Motor
Vehicles Act.
2. Aggrieved by the said order of acquittal, the complainant
– Jagdishbhai Parthibhai Barot filed a Criminal Appeal No.335
of 2024 before the learned 5th Additional Sessions Judge,
Palanpur and the appellate Court while dismissing the appeal
had affirmed the order passed by the learned 6th Additional
Judicial Magistrate First Class, Palanpur at Banaskantha
acquitting the accused. Aggrieved by the order, the
complainant is in the revisional jurisdiction under Section 442
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R/CR.RA/160/2025 ORDER DATED: 27/04/2026
read with Section 438 of the Bharatiya Nyaya Suraksha
Sanhita, 2023 (for short, ‘BNSS Act’).
3. Under Section 442 of the BNSS Act, the High Court’s
power of revision has been notified. Sub-section (3) of Section
442 of the BNSS Act reads as under:
“(3) Nothing in this section shall be
deemed to authorise a High Court to
convert a finding of acquittal into one of
conviction.”
4. Thus, Sub-section (3) of Section 442 of the BNSS Act
restricts the revisional power of the High Court to convert a
finding of the acquittal into conviction.
5. Hence, the present revision application against acquittal
stands rejected.
(GITA GOPI,J)
PARMAR KRISH/47
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PARMAR KRISH(HC02348), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 27/04/2026 17:26:24
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