Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.1082 of 2010 ====================================================== Veda Vrat Pandey, Advocate, son of late Durga Dutta Pandey, resident of Village Manpur, P.S. Manpur, District Nalanda .... .... Petitioner/s Versus 1. The State off Bihar 2. Rajendra Prasad, son of late Munshi Mahto 3. Urmila Devi, wife of Rajendra Prasad, both are residents of village Manpur, P.S. Manpur, District Nalanda .... .... Opposite party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Kumar Sinha, Advocate For the State of Bihar : Mr. Navin Kumar Pandey, Addl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 2 02-08-2012 Heard. The petitioner, being the complainant, filed Cr. Appeal No. 63 of 2010 before the learned Sessions Judge, Nalanda at Biharsharif, against the judgment and order dated 27.4.2010 passed in Complaint Case No. 664 (C ) of 1998 by the learned Judicial Magistrate Ist Class, Nalanda at Biharsharif, acquitting the accused opposite party nos. 2 and 3 for charges under [STATUTE] , but aforesaid Cr. Appeal has been dismissed as not maintainable. Being aggrieved by the order of dismissal of the aforesaid Cr. Appeal, the petitioner has preferred this present revision application. It is well known that in a complaint case, if an Patna High Court CR. REV. No.1082 of 2010 (2) dt.02-08-2012 2 / 2 2 accused is acquitted, appeal is maintainable before the High Court at the behest of the complainant only in terms of Section 378(4) of the Code of Criminal Procedure, 1973. No appeal is maintainable before the learned sessions Judge against such judgment of acquittal. The order of the learned Sessions Judge dismissing the aforesaid appeal is perfectly justified and legal. No interference is warranted. The application is devoid of merit and is, accordingly, dismissed. Kanth/- (Birendra Prasad Verma, J)

Applicable IPC Section: 427

Statute Text:
Section 427 of the Indian Penal Code. Mischief, and thereby causing damage to the amount of 50 rupees or upwards. Whoever commits mischief and thereby causes loss or damage to the amount of fifty rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.