Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.719 of 2008 ====================================================== Firoz Alam, son of Ghyasuddin, resident of Akhtar Villa, Sabzibagh, P.S. Pirbahore, District Patna. .... .... Petitioner/s Versus 1. The State of Bihar 2. Sheikh Ghazi Qamar Alias Aftab Ahmad, son of late sheikh Abrar Ahsan, resident of Village Salempur, P.S. Kako, District Jehanabad, at present residing at Akhtar Villa Mohalla, Sabzibagh, P.S. Pirbahore, District Patna .... .... Opposite party/s ====================================================== Appearance : For the Petitioner/s : Mr. Farooque Moazzam, Advocate. For the State of Bihar : Mr. Parmeshwar Mehta, Addl.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 4 19-12-2012 The petitioner was convicted for charges under [STATUTE] by the judgment and order dated 16th October, 1993 passed in complaint Case No. 1 of 1988/Tr. No. 90 of 1993, by the learned Judicial Magistrate, Ist Class, Patna, but instead of sentencing him to prison, he was directed to execute a probation bond of Rs. 3,000/- for a period of one year in terms of Section 4 (1) of the Probation of Offenders Act, 1958. Accordingly, the petitioner executed a probation bond but challenged the aforesaid judgment of conviction and order of sentence in a criminal appeal, as the petitioner is working as an Assistant Teacher in a Madarsa, aided by the State Government. Patna High Court CR. REV. No.719 of 2008 (4) dt.19-12-2012 2 / 2 2 The aforesaid judgment of conviction and order of sentence passed by the learned trial court has been affirmed by the impugned judgment dated 5.2.2008 passed by the learned Additional sessions Judge Ist, Patna in Cr. Appeal No. 230 of 1993 and the appeal preferred by the petitioner was dismissed. After having heard the parties, this Court is of the opinion that this revision application has become infructuous since the petitioner has already undergone the order of sentence passed by the learned trial court and affirmed by the learned lower appellate court. However, taking into consideration the factual background of the case and the fact that the petitioner is working as an Assistant Teacher in a Govt. aided Madarsa, it is observed that the judgment of conviction and order of sentence passed against the petitioner shall not adversely affect the service career of the petitioner. The application stands disposed of as infructuous with the above observation. Kanth/- (Birendra Prasad Verma, J)

Applicable IPC Section: 323

Statute Text:
Section 323 of the Indian Penal Code. Voluntarily causing hurt. Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.