IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL REVISION No.319 of 2020 Arising Out of PS. Case No.-61 Year-2009 Thana- PATNA COMPLAINT CASE District- Patna ====================================================== Hira Prasad, Son of Late Munshi Ray, Resident of Mohalla - East Indranagar, Anita Villa House No. 851/2, P.S.- Kankarbagh, Distt - Patna ... ... Petitioner/s Versus 1. The State of Bihar 2. Rajiv Ranjan Prasad, Son of late Ram Lochan Prasad, Resident of Village - Bardaliya, P.S.- Maraudha, Distt - Saran, Presently residing at Hanuman Nagar, P.S.- Patrakar Nagar, Distt - Patna. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Arvind Kumar Mouar, Advocate For the State : Mr. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 3 24-07-2025 The present revision petition has been preferred by the Complainant/victim against the impugned judgment of acquittal dated 26.07.2019 passed by learned Additional Sessions Judge-XVI, Patna, in Cr. Appeal No. 57 of 2016 whereby learned Appellate Court has acquitted the convict allowing the appeal. 2. Being aggrieved by the acquittal, the victim/Complainant has preferred the present criminal revision petition. 3. In view of proviso to Section 372 Cr.PC, the victim/Complainant has right to file an appeal, and hence, in view of Section 401(4) Cr.PC, the present criminal revision Patna High Court CR. REV. No.319 of 2020(3) dt.24-07-2025 2/2 petition is not maintainable. The victim/complainant should have preferred a Criminal Appeal against the impugned judgment of acquittal. The detailed law has been discussed by this Court in this regard in Suman Devi Vs. State of Bihar and Anr. as reported in 2025 SCC OnLine Pat 1862/MANU/BH/0406/2025/AIROnline 225 PAT 224. 4. However, under Section 401(5) Cr.PC the present criminal revision petition is converted into Criminal Appeal. 5. Office is directed to do necessary correction in the petition and list before appropriate Bench after obtaining necessary permission of Hon’be the Chief Justice. ramesh/S.Ali- (Jitendra Kumar, J) U T