Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (SJ) No.542 of 2012 ====================================================== Chandan Kumar .... .... Appellant Versus The State Of Bihar .... .... Respondent ====================================================== Appearance : For the Appellant : Mr. Satya Prakash, Advocate. For the Respondent : Mr. Ajay Mishra, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 16-07-2012 Heard learned counsel for the appellant and learned counsel for the State. The instant appeal has been filed under Section 372 of the Code of Criminal Procedure against the judgment dated 07.05.2012 passed by the learned Additional Sessions Judge, Fast Track Court-IV, Nawada in Cr.Appeal No.15 of 2010 by which the judgment and order dated 19.04.2010 passed by the learned Judicial Magistrate, Ist Class, Nawada in G.R.Case No.647 of 2010/Trial No.1661 of 2010 convicting respondent nos.2 to 6 under [STATUTE] has been set aside. In my view, the present appeal under Section 372 of the Code of Criminal Procedure is not maintainable. Chapter XXIX of the Code of Criminal Procedure deals with appeal(s). Section 372 specifically provides that no appeal shall lie from a Patna High Court CR. APP (SJ) No.542 of 2012 (2) dt.16-07-2012 2 judgment and order of a criminal court except as provided by the court or by any law which authorizes an appeal. The proviso inserted by Section 372(Act 5 of 2009) with effect from 31.12.2009, gives a limited right to the victim to file an appeal against any order of a criminal court acquitting the accused or convicting him for a lesser offence or the imposition of inadequate compensation. The proviso to Section 372 of the Code of Criminal Procedure relates to appeals from the judgment and order passed by the trial court and not by the Appellate Court. In that view of matter, I hold that the present appeal is not maintainable in law and accordingly, it is dismissed. B.Kr./- (Ashwani Kumar Singh, J)

Applicable IPC Section: 147

Statute Text:
Section 147 of the Indian Penal Code. Rioting. Whoever is guilty of rioting, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.